PARTIES Brotherhood of Maintenance of Way tmployes
TO
DISPUTE: and
Consolidated Rail Corporation
STATEMENT Claim in behalf of Donald Wenner for reinstate
OF
CLAIM: ment, restoration of seniority and lost pay re
sulting from loss of seniority.
FINDINGS: Rule 28(b) unambiguously provides that an em
ployee shall forfeit his seniority if absent
from his assigned position in excess of fourteen
consecutive days.
The record establishes that claimant was in fact
absent from his assigned position for more than 14 consecutive days.
His absence was due to 30-day incarceration by civil authorities
for drug-related violations.
Confinement in jail does not constitute unavoid
able absence or provide a valid basis for an exception to Rule 28.
See Third Division Awards 24606 and 22868, e.g. It was claimant's
own fault that he was not able to protect service for Carrier dur
ing the lengthy period he was absent.



AWARD: Claim denied.




              i~

              ~Ha'rold M. Weston, Chairman


      rrier Me m. r Employeeember