Upon the whole record and alt 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.
On October 23. 1997, the Carrier wrote Claimant a letter terminating his seniority and employment as provided for in a Letter of Understanding dated July 13, 1976. That letter, as amended January 1, 184, provides for termination of employment and seniority when absent without authority on five consecutive work days without authorization.
Claimant was off October 15 through October 23, 1997. Claimant received Carrier's letter of October 23, 1997, and on November 7, 1997, requested of the Superintendent a hearing.
Claimant did not attend the Investigation he had requested, and some protest was raised that Claimant never received the November 11, 1997, letter setting the Investigation. Significantly, the envelope is marked by the post office as "declined."
The Board will not set aside the Carrier's affirmation of its termination letter of October 23, 1997. Claimant requested the Investigation, and since he opted not to be in attendance, nor request