BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD NO. 60
Case No. 60
By notice dated May 22, 1995, more than a month after the recall to service, the Claimant was notified that his seniority had been "deleted from the . . . roster".
The organization contends the Carrier improperly deprived the Claimant of his seniority (and thus of his employment rights), since Rule 9 provides for exceptions to the requirement to report within 10 calendar days.
The Claimant reported that he had telephoned a Carrier representative to advise concerning difficulties with operation of his truck. The problem with this is that the call or calls were made on April 24-25, 1995-, which was already beyond the l0-day reporting period. Further, the Carrier representative reported, without contradiction, that he had returned the telephone call but was unable to reach the Claimant-.
The Claimant produced, also belatedly, a physician's letter dated April 27, 1995, requesting on behalf of the Claimant an "an additional week of leave from his work" for a "family medical emergency". No details were provided in the request and, in any event, it offered no explanation for the Claimant's failure to report to duty in timely fashion.
These circumstances do not meet the requirements for exception to Rule 9. The Rule is self-executing, and there is no basis to alter the result. With this resolution, there is no need for