NATIONAL MFDIATrON BOARn

PUBLIC LAW BOARD NO. 4370

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

and

BURLINGTON NORTHERN RAILROAD COMPANY

AWARD NO. 56

Case No. 56


STATEME T QFCLAIM

In violation of the Agreement, M. V. Baca was terminated for alleged failure to return to service following a leave of absence. Claimant should now be returned to service with all seniority and other rights unimpaired and that he be compensated all wage loss suffered as a result of the carrier's dismissal commencing August 20, 1993 and continuing until violation ceases.




On August 20, 1993, the Claimant was notified by letter as

follows:

Reference M. A. Kotter's letter to you dated June 30, 1993 granting your request for a thirty (30) -day extension of your leave of absence, effective July 1, 1993_ through July 30, 1993.


Due to your failure to return to work on August 2, 1993, following your leave of absence that ended on July 30,-1993, you must forfeit- all seniority rights as per Rule 15, Paragraph E . . . which reads in part: ITAn employee failing to report for duty on or before the expiration of their leave of absence will-forfeit all seniority rights, unless an extension is grated."



- The Claimant was granted a leave of absence commencing=.April--












            Claim denied. -


                    HERBERT L. MARX, Jr., Neutral Referee


        NEW YORK, NY


        DATED: October 18, 1995

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