Special Board of Adjustment No. 956.
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
New Jersey Transit Rail Operations, Inc.
STATEMENT The dismissal of Trackman Walter Jenkins was in vio
OF
CLAIM: lation of the Agreement, particularly Rules 26 (a)
and 27(b) and claimant shall be reinstated without
loss of compensation, including overtime, and without
loss of seniority and vacation rights and any other
benefits enjoyed by claimant prior to dismissal.
FINDINGS: Carrier maintains that claimant forfeited all senior
ity by violating Rule 27(b). Rule 27(b) reads as
follows:
"Except for sickness or disabil4ty,.or
under circumstances beyond his control,
an employee who is absent in excess of
14 consecutive days without'receiving
permission from his supervisor will
forfeit all seniority under the agree
ment. The employee and the General
Foreman will be furnished a letter
notifying them of such forfeiture of
seniority. The employee or his repre
sentative may appeal such action under
Rule 26, Section 3."
The record establishes that claimant was absent in
excess of 14 days -- October 31 through November 13, 1985, and
November 14, 1985.
2
~5~_al
While Petitioner contends that claimant had been
granted a personal day off for his absence of October 31, 1985, in a
personal discussion with Supervisor Mike Ferulli,--Ferulli denied
that the personal day was granted and Carrier's pay records do not
indicate that claimant was paid for that day. We are not in a valid
position to rule on this credibility question ksince, as an appeals
board, we have no occasion to observe the witnesses' demeanor or
to hear them testify.
A hearing was not required in this case since
Rule 27(b), as its terms expressly indicate, 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.
Adopted at Newark, N.J. /~ 1987.
30
Haro d M. Weston, Chairman
lire
Carrier Member "' Employee Member