Upon the whale 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.
When an employee is absent without authorization for five consecutive work days, he is advised that his seniority is terminated and if he desires an Investigation, he must request same within 20 days from the date of the notice of termination.
Claimant timely requested an Investigation, following which, the Carrier affirmed its termination.
During the Investigation, Claimant contends that he didn't call in because he didn't know who to call. Although Claimant had some five years seniority, he gave it up to start fresh on the New Mexico Division and, in essence, was the junior member of the gang.
Carrier countered Claimant's contention that he had no knowledge of who to contact when his Foreman testified as follows:
Award No. 6 3 Case No. 63
It is a fact that Claimant had no phone and lived about 20 miles away from a public phone, but it also is fact that he made a number of trips to a hospital with and/or for his sister-in-law. Claimant could have called the Roadmaster from the hospital seeking permission to be off to clear up any domestic problems he was facing, but he did not.
Once it has been determined an employee is off in excess of five consecutive work days without authorization, the Agreement calls for termination of seniority and employment. Claimant failed to establish any facts during the Investigation that would in any way negate the termination.
Carrier's actions in this instance were in accordance with the Agreement and will not be disturbed.