Award No. 21
Case No. 28
Public Law Board No. 3514
PARTIES
TO
DISPUTE:
STATEMENT
FF
C LAM
FINDINGS
:
Brotherhood of Maintenance of Way Employes
and
Consolidated Rail Corporation
Claim
in behalf of J. T. O'Callaghan for restoration of seniority reinstatement and reimbursement
for all pay lost due to Carrier's decision that
he had forfeited seniority.
Claimant had been absent. without permission beginning on August 7, 1982 and by letter of August 25, 1982, was notified by Carrier that he
had forfeited seniority under Rule 28(b).
Rule 28(b) unambiguously stipulates that an em-
ploye shall forfeit his seniority if absent from his assigned posi
tion for over 14 consecutive days.
Nothing in the record now before us provides a
valid basis for an exception to Rule 28(b). It is not this Board's
province to pass upon the merits of that Rule. We find no persuasive
ground on this record for setting aside the forfeiture of seniority.
Award No. 21
".3 SlN 2
' Case No. 28
AWARD: Claim denied.
Adopted at Philadelphia, Pa., October 4, 1984.
I i-larold M. Weston, Chairman
C ' ier Mem Employee yee Member