AWARD N0. 235
Case No. 269
FUBLIC
LAW BOARD NO. 1582
PARTIES) THE ATLhISON, TOPEKA AND SANTA FE RAILWAY LGMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: Claim on behalf of former Trackman T. E. Parish,
Middle 0°·..'_sion, For re·nstatement to his ,`ormei pusiLioi
with
seniority,
vacation, all other rights unimpaired arid pay for time lost and/or other
wise made whole.
FINDING: This Public Law Board No. 1582 finds that the parties herein
are Carrier and Employee within the meaning of the Railway Labor Act, as
amended, and that this Board has jurisdiction.
In this dispute the claimant trackman was a Midole Division Trackman when
on
July
2, 1982 the Superintendent wrote the claimant a letter advising
that he was terminated from his seniority and employment far being absent
without proper authority.
The Organization filed a claim in claimant's behalf alleging that the
claimant was on leave account of an on the job injury and the Carrier did
have information available to them which reflected the claimant's status.
The Organization pursued the claim, and the Carrier refused the appeal
alleging there was no valid basis for the claim.
Evidence of record indicates that on April 23, 1982 the claimant was recalled by the Carrier effective May 10, 1982. The claimant received the
letter but failed to contact the Division Engineer's Office or report for
duty as instructed in the letter.
;:r'. May
it,
1982 the
Cii3ii·rnnL
Oel1VC'reG
3
:i:ite flOm his pz_.-~cjnal doctor
to the Assistant Division Engineer requesting that the claimant be excused from duty because of aback strain. The claimant was instructed
to have his doctor complete Form 2820-SPL. The claimant did so. The
claimant's doctor stated on that form that claimant should be off work
for approximately 45 days, and the claimant was placed on leave of absence from May 10 through June 24.
On June 15, 1982 the claimant was notified by certified letter that he
must have Form 2820 completed by his doctor and returned to the Carrier
prior to his reporting for duty at the expiration of.his medical leave
of absence. The claimant did not report to work on June 25, nor did he
respond to the certified letter of the Carrier. Rule 22, Sect C states:
PERSONNEL DEPARTMENT
AU Ca I
T
1983
i3'~3a- -
AWARD N0. 235
Page 2
"An employee who fails to report for duty at the expiration of leave of
absence or period covered by doctor's recorcMendation, shall be considered
as absent without authority."
The evidence indicates that the Carrier complied with the Letter'Agreement dated July 13, 1976 and further that the claimant failed to request
an investigation within 20 days as provided therein.
Under the circumstances the Board has no authority to overrule the decision of
the
Carrier.
AWARD: Claim denied.
Preston
J:
M®d±e, Chaifman
-
O,rgani ation Member -
ember
Dated at Chicago, Illinois
August 23, 1983'