PUBLIC LAW BOARD N0. 4950
NEW JERSEY TRANSIT RAIL OPERATIONS, INC.
"Carrier"
VS.
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
"Organization"
STATEMENT OF CASES
K. Darge - Forfeiture of Seniority
OPINION OF THE BOARD
Carrier maintains that Claimant was absent from his position
from February 23 to April 4, 1989 without providing proper
notification. Carrier further asserts that by this absence
Claimant forfeited all seniority by violating Rule 27 (b) which
reads 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 argues that Claimant was during the time in
question a patient in a rehabilitation program. The Organization
further contends that Carrier was aware of Claimant's status and
his involvement in the program during this time period, and that
no forfeiture of seniority is, therefore appropriate.
Case No. 26
Award No. 3
PLR - 4950 -3
The Board has determined that the claim must be denied. The
record does not establish that Claimant kept Carrier properly
appraised of his status and that circumstances beyond claimant's
control prevented him from doing so. Claimant did not stay in
touch with carrier during the period in question. There is no
documentation in the record which supports any contention to the
contrary. 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. LaRue
Carrier Member Organization Member
S. E. Buchheit
Neutral Member
2