Upon the whole record and all the evidence, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended. Further, the Board is duly constituted by Agreement, has jurisdiction of the Parties and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon.
Pursuant to an existing Agreement, employees off five consecutive work days without authorization will be terminated, ff. however, they disagree with Carrier's decision, that employee can request an Investigation if he does so within 20 days of the date of the termination letter. Obviously, Claimant made a timely request
occurred in his family. He made several calls seeking tine off because of the family situation. The Roadmaster who could authorize his absence finally agreed to talk to Claimant and listened to Claimants request for tine off. Claimant believed he was refused the tune. He then called his Foreman for permission to be allowed to take five days vacation whereupon the Foreman advised he was not authorized to grant such a request.
What is disturbing to this Board is the response of the Roadmaster to Claimant's request to be off. He is quoted as saying, "Do whatever you got to do. (Expletive). I'm not going to deal with you ...." That was the response of a harried Supervisor who did not handle the request and In fact did give permission for Claimant to be off when he said, "Do whatever you got to do."
Claimant did do whatever he had to do, and then reported to work only to be told by the Roadmaster he was terminated. There was no advice from the Supervisor to contact the EAP for a leave, no advice to take some vacation, nothing but, "Do whatever you got to do."
The claim will be sustained. Claimant is to be paid for all time lost as provided for in the Agreement, and all traces of this incident are to be removed from his record.
This Board, after consideration of the dispute Identified above, hereby orders that an award favorable to the Claimants) be made. The Carrier is ordered to make the award effective on or before 30 days following the ate the award is adopted. PLC N'0. SBSD