Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40520
Docket No. SG-39031
08-3-NRAB-00003-050309
(05-3-309)
The Third Division consisted of the regular members and in addition Referee
Marty E. Zusman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood
of Railroad Signalmen on the National Railroad Passenger
Corp.:
Claim on behalf of J. Jackson, for reinstatement to his former
position with all rights and benefits restored, account Carrier
violated the current Signalmen's Agreement, particularly Rule
51, when it terminated the Claimant by letter dated February
25, 2004, for an alleged 14 day absence, after the Claimant
notified of his Supervisor on January 8, 2004, of his medical
status and without considering the documented evidence
regarding his absence. Carrier's File No. NEC-BRS(S)-SD1040. General Chairman's File No. JY3210108'7-18047. BRS
File Case No. 13160-NRPC(S)."
FINDINGS
:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1
Page 2
Award No. 40520
Docket No. SG-39031
08-3-NRAB-00003-050309
(05-3-309)
carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act,
as approved June 21,1934.
This Division of the Adjustment Board has jurisdiction over the disp~
involved herein.
Parties to said dispute were given due notice of hearing thereon.
ate
The Board fully reviewed the instant claim involving a dispute over the
dismissal of the Claimant. The Carrier maintained that under a self-invoking
Rule, the Claimant's continuous absences from January
27
through February
13, 2004
were properly covered by Rule 51 of the Agreement. The
Organization maintained that the Claimant properly notified his Supervisor of
his medical condition on January
8, 2004
and that the Carrier's action was
inappropriate.
After study of the on-property facts and circumstances of this dispute,
the Board notes that the full evidence and subsequent events have rendered
this claim moot. Accordingly, the Board will dismiss the claim.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 15th day of June 2010.