The record evidence establishes that the Claimant was absent without authority beginning on October 26, 1992. On or about December 1, 1992 the Carrier notified the Claimant in writing that he would have to "show good cause" as to why his employment should not be terminated. The record further reflects that the Carrier's December 1, 1992 notice was sent by certified letter and that the letter was signed for on December 9, 1992.
It is undisputed that a telephone message was received by Ms. Viola Fults, NPS Specialist for the Carrier, on December 9, 1992 advising that the Claimant had broken his ankle in two places, and the message also left a telephone number where the Claimant presumably could be contacted. It is further undisputed that when Ms. Fults attempted to contact the Claimant at that telephone number she was advised that the Claimant "did not live there anymore."
As a result of not receiving verification from the Claimant excusing his long period of AWOL, the Carrier terminated his employment. A claim was filed challenging the termination, and the Organization also filed a "roster protest" on behalf of the Claimant subsequent to his termination.
While the Organization has argued on the Claimant's behalf that in addition to challenging the Claimant's termination the Organization also filed a roster protest subsequent to the Claimant's termination, which protest was not responded to by the Carrier, it is the finding of the Board that the Claimant was properly terminated in view of his extended period of AWOL and his failure to show cause justifying his absence. In the Board's opinion a post-termination roster protest does not provide justification for overturning the Carrier's decision to discharge the Claimant. Accordingly, the claim will be denied.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.