ORGANIZATION FILE MW-15=T-83


                        CARRIER FILE 1559


PARTIES TO DISPUTE:

      Brotherhood of Maintenance'

      of. Way Employes


      and


      Illinois Centeral Gulf Railroad


                STATEMENT OF CLAIM


          "(1) The Carrier removing Claimant R. T. Sudduth'.s name from the appropriate seniority roster and in effect dismissing him from service was without just and sufficient cause.


          (2) Claimant R. T. Sudduth shall be reinstated with seniority and all other rights unimpaired and compensated for all wage loss suffered."


              OPINION OF THE BOARD


The Claimant was "released" by his doctor on October 12, 1982. However, he did not return to work, nor did he contact his supervisor concerning any permission to be absent. As a result, the Carrier removed the Employee's name from the seniority roster, in accordance with Rule 38 of the Agreement, which provides.that an Employee who is abssent from his assigned position without permission for seven (7) consecutive work days will be considered as having abandoned his position and resigned from the service.
 The Claimant has asserted that he was still undergoing discomfort and was under a doctor's care, and, therefore, he did not abandon his position. Nonetheless, under a Rules provision, such as Rule 38, certain obligations fall upon the employee if he has to continue to be absent from employment, especially after he has been released to return to work.

 Rule 38 is a self-executing seniority forfeiture clause. We noted in Award' No. 6 of this Board that the language is mandatory, and that the Carrier has no alternative but to.consider the individual.as having abandoned his position and resigned from service under certain circumstances. Further, in that Award, we noted that if the Carrier had failed to take such action, it would subject itself to claims from other employees.

 Under this record, the Carrier had no alternative but to remove the Claimant from the seniority roster.

                    FINDINGS -


The Board, upon consideration of the entire record and all of the evidence finds:

 The arties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended.

 This Board has jurisdiction over the dispute involved herein.

 The parties to said dispute were given due and proper notice of hearing thereon.

                      AWARD


      Claim denied.


              oseph A.-Sick s air an and Neutra Member


                                                N

J. /G. Gibbins Hugh G. Harper
 Carrier Member Organization Member
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