Claimant wars away from duty because of an automobile accident. Because he was led to believe he could return to work in Apr% 1984 he bid on a trackman's position; however, he did not report to the position. Carrier removed his name from the seniority roster because he was absent without permission for seven (7) consecutive workdays - which constitutes abandonment under Rule 38.
The Employees argue that Rule 14(f) controls. That rule states that employees assigned to positions on bulletin must accept within five (5) days except in case of illness or physical disability.
The application of Rule 38 is not as clear cut as In certain prior cases relied upon by the Carrier; but none the less, we feel that Carrier's actions were correct.
When Claimant bid on the position he changed his employment status. Had he then notified the Company that his medical condition precluded a return to work, different considerations would control But here, he never notified the Carrier and at the end of seven (7) days Carrier was required - by its agreement with the Organization - to consider that the Employee abandoned his position and resigned from service.
The parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended.