PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DICPDTE;
 and
 New Jersey Transit Rail Operations, Inc.

 STATEMENT Claim of the Brotherhood:
 OF
 CLAIM The dismissal of Claimant S. Davis was in violation of
 the Agreement, particularly Rule 27 of the collective
 bargaining agreement. The 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 seniority
 by violating Rule 27(b). .Rule 27(b) reads as follows:
 "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.
 The employee and the General Chairman will be
 furnished a letter notifying them of such forfeiture
 of seniority. The employee or his representative
 may appeal from such action under Rule 26, Section
 3."

 The record establishes that Claimant was absent in excess of 14 days.



While the Organization has presented a doctor's notice of the Claimant's illness, such notice does not show that the Claimant was unable to comply with Rule 27 (b) as a result of this illness, nor did it give ample reason why the Claimant did not notify his supervisor of his infirmity. Therefore, the organization's position that this case is within the parameters of the exceptions given in Rule 27(b) is in error.

It may well be that on some alleged date the Claimant notified Mr. Diana in the Track Supervisor's office. However, the Carrier has stated clearly that Mr. Diana denies ever having received such information. No further proof was furnished by either the Claimant or the organization; therefore, there does not exist any substantial proof that the Claimant complied with the provisions of Rule 27(b).

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 Newar Ni

                                      ' `s ,ew Jersey, 19~


                                  i


                    Harold F7. Weston, Chairman


      Carrier Member Employee Member