PUBLIC LAW BOARD No. 4331: CASE No. 6
Award No. 6
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
v.
ILLINOIS CENTRAL GULF
STATEMENT OF CLAIM
James Lockett was improperly removed from service under Rule 38.
Claim for reinstatement and pay for time lost.
FINDINGS
Rule 38 states:
"An employee who is absent 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."
Based upon Mr. Lockett's past personal record, it is clear that Mr. Lockett
knew he had to obtain permission from his supervisor or foreman to be absent
from his assigned position. A telephone call by a neighbor to an administrative
clerk of the Carrier is not adequate notification. Mr. Lockett did not make
a personal attempt to obtain absence approval from his supervisor or foreman.
Mr. Lockett received no permission to be absent from his position. There is
no evidence that Mr. Lockett was so ill from
September 26
through October 8 that
he could not have called in to obtain permission to be absent.
AWARD
Claim denied.
x(331-(v
Ronald L. Miller
Chairman and Neutral Member
w 1
J. S Gibbins Donald D. Bartholomay
Carrier Member Organization Member
2, 8 SI`R7
DATE