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.
F I N D I N G S _. _
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--
5, 1993 and then was given three extensions of the-leave,-ending
July 30, 1993.--- The Claimant contended that he had been in touch
with the Manager, Gangs by telephone both before and after-July-30
and, according to the Claimant, was advised the matter-of--a_-leave
extension was under consideration. The Manager, Gangs agreed that
he did have telephone conversations with the Claimant, but each
time he advised the Claimant that there would be no Leave extension
and that he must report for work.
Despite these conflicting interpretations of the conversations
between the Claimant and the Manager,_ Gangs, two things are
certain. First, the Claimant does not assert that he had actually
received a leave extension prior to August 2. Second, the Claimant
failed to report for work on August 2 or thereafter.
Rule 15 is clear and unambiguous. Having not received a leave
extension beyond July 30- and having failed to report for work
thereafter, the Rule is, self-executing. The Board has no basis to -
find that the Carrier improperly placed the Rule in effect in
relation to the Claimant.
A W A R Q -
Claim denied. -
HERBERT L. MARX, Jr., Neutral Referee
NEW YORK, NY
DATED: October 18, 1995
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