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                  Special Board of Adjustment No. 956


      PARTIES Brotherhood of Maintenance of Way Employes

      TO

      DISPUTE: and

      New Jersey Transit Rail Operations, Inc.

      STATEMENT Claim of the Brotherhood:

      OF

      CLAIM The Claimant, M. Williams, did not violate the provisions

      of Rule 4, section 2, Part (b), and forfeited his

      seniority, and therefore, the Claimant shall be returned

      to service with seniority rights unimpaired and made

      whole for any loss of pay or benefits.

      FINDINGS On May 23, 1986, the Claimant was disqualified from his

      position and was given the option to exercise his

      seniority to Gang 23 in Paterson, New Jersey, as a

      trackman. The Claimant failed to physically exercise his seniority by

      not reporting to Gang 23 within ten (10) days as required by Rule 4,

      Section 2(b). On June 3, 1986, Engineer of Track J. Savarese sent the

      Claimant a letter to inform him of his failure to physically exercise

      his seniority. This letter further informed the Claimant that his

      seniority had been forfeited and that he was terminated from service

      with the Carrier for failure to exercise his seniority as provided by

      Rule 4, Section 2(b).

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On July 8, 1986, a continuous time claim in the name of the Claimant was sent to Mr. Savarese for time lost due to the Carrier's assignment of the Claimant to Gang 23 in Paterson. This time claim was denied by Mr. Savarese in a letter dated July 16, 1986. The Organization then appealed the Claimant's termination to the Manager and then Director of Labor Relations, where it was denied at both levels.

The Carrier maintains that it acted properly in this case. The record shows that the Claimant was disqualified from his previous position and was given the opportunity to exercise his seniority to another gang. The Claimant did not physically exercise his seniority within ten (10) days, in violation of Rule 4, Section 2(b). Rule 4, Section 2(b) is a self-executing rule, and by his own actions, the Claimant terminated his employment.

The Organization argues that the Claimant should have been allowed to displace back to his old position in accordance with Rule 3, Section 5. This contention lacks merit. The Claimant was disqualified from his old position because he lacked the necessary qualifications for the job. Having been disqualified, the Claimant's next step would be to exercise his seniority to a position for which he was qualified. This opportunity was extended to the Claimant. The Claimant, by his own volition, chose not to exercise his seniority as provided by Rule 4, Section 2(b).

Rule 4, Section 2(b), as its terms expressly indicate, is a selfexecuting provision that calls for forfeiture of all seniority. This

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Board has no authority to modify the language that both parties have agreed to in this Rule.

      AWARD: Claim denied.


            'Adopted at Newark, New Jersey j 0 , 19.

                    I


                      ~d M. West , Chairman


      Carrier Member L~- Employee Member