Special Board of Adjustment No. 956
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
and
New Jersey Transit Rail Operations, Inc.
STATEMENT OF CLAIMD
Appeal on behalf of Trackman G. L. Lynch for restoration
to service.
FINDINGS:
Claimants seniority was terminated by letter of October
15, 1984. In Carrier's view, that action is warranted by the
following provision of Rule 27 (b) of the applicable agreement:
"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
....Is
The record establishes that claimant was absent without
permission continuously from September 24 through October 15,
1984. During that period, he did not contact Carrier. At no
time did he request a leave of absence or other permission to be
away from his position.
Rule 27 (b) is a self-executing rule that calls for forfeiture
of all seniority. The fact that claimant's absence may have been
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due to his incarceration in prison is not a recognised exception
under Rule 27 (b) or a valid explanation for absences.
AWARD: Claim denied.
Adopted a Newark, New J ey, 0?3 , 1988.
Harold M.
f~2~
iier M er Employee Member
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