PUBLIC LAW BOARD NO. 4950
NEW JERSEY TRANSIT RAIL OPERATIONS, INC.
"Carrier"
VS.
BROTHERHOOD OF MAINTENANCE OF WAY'EMPLOYES
"Organization"
STATEMENT OF CASES
C. W. Latham - Forfeiture of Seniority.
OPINION OF THE BOARD
Carrier maintains that Claimant was absent without
permission from December 16 to December 31, 1988 from his
position as Trackman. Carrier further asserts that by this
absence Claimant forfeited all seniority by violating Rule 27
(b), which reads in part as follows:
Except for sickness or disability, or under
circumstances beyond his control, an employee who is
absent in excess of fourteen (14) consecutive days
without receiving permission from his supervisor will
forfeit all seniority under this Agreement. The
employee and the General Chairman will be furnished a
letter notifying them of such forfeiture of seniority.
The employee or his representative may appeal from such
action under Rule 26, Section 3.
The Organization raises several defenses on behalf of
Claimant, including that dismissal was improper because Claimant
failed to cover his assignment on the days in question due to
circumstances beyond his control. In addition, the Organization
Case No. 24
Award No. 14
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contends that Claimant's length of service with Carrier should be
taken into consideration.
The Board has determined that the claim must be denied.
The record evidence clearly establishes that Claimant was
absent without permission for a period of 14 consecutive days,
running from December 16 to December 31, 1988. In these
circumstances, Rule 27 (b) is applicable. As its terms expressly
indicate, it is a self-executing provision that calls for
forfeiture of all seniority. This Board has no authority to
modify the language that both parties have agreed to in this
Rule.
AWARD
Claim denied.
W. B. Murphy W. E. aRue
Carrier Member Organization Member
S. E. Buchheit
Neutral Member
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