"(1) Carrier violated the Agreement, when on May 31, 1995 it

terminated Employee's employment without a fair and impartial

hearing.

(2) Carrier wrongfully invoked Rule 10, Part 11 of the Schedule of Rules.

(3) Carrier shall now return Employee to service, with vacation, seniority, and all other rights unimpaired, and shall compensate Employee for all time lost as a result of Carrier's actions."

Parties to said dispute were given due notice of hearing thereon.

At the time this dispute arose, Claimant was on furlough. By certified letter dated May 16, 1995, the Carrier wrote Claimant that "you are hereby notified to contact the Omaha Commissary Services Department concerning an assignment to the concrete tie gang 9060 at CaGente, California." Claimant's recall was to a Helper's position. Claimant signed for the letter on May 22, 1995.

Rule 10 states, in pertinent part, that "[flailure to report for duty within seven days from date of notification at last address given, and to give satisfactory reason for not reporting, will forthwith terminate an employe's employment relation ...." Claimant did not report for duty by May 29, 1995. Instead, because Claimant previously worked as a Manager, Claimant attempted to reach the Organization to determine whether the instruction to report as a Helper was appropriate. On May 31, 1995, Claimant reached the Organization and was advised she should return to service as directed. However, Claimant was not allowed to return to duty.

Rule 10 is self-executing. If an employee is notified of recall and fails to report within seven days, the failure to report will "terminate an employe's employment relation." That is what happened here. Claimant was notified on May 22, 1995 that she had to report. Under Rule 10, Claimant had until May 29, 1995 to do so. However, Claimant did not report by that date. Claimant's inaction therefore terminated her employment relationship with the Carrier. If Claimant had a question about the propriety of the recall, her obligation was to report and then grieve the recall.

Claimant was not entitled to an Investigation. Rule 1 entitles employees who are "suspended or dismissed" to a "fair and impartial hearing." Claimant was neither "suspended or dismissed." When Claimant failed to report within the designated time, by operation of the self-executing provisions of Rule 10 Claimant terminated her own seniority. In effect, when Claimant failed to timely report, she quit.

AWARD