PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 New Jersey Transit Rail Operations, Inc.
 STATEMENT Claim of the Brotherhood:
 OF
 CLAIM The dismissal of Claimant V. R. Exum 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.

                                              95rlo 65


                            -2-


The Organization argues in this case that the Claimant met the requirements of Rule 27 (b) in that both the sickness and the circumstances were beyond the control of the employee. The Organization contends that the doctor's excuse submitted to the Carrier and the notice of a funeral attendance has provided the necessary evidence to prove this point and exempt the Claimant from the self-executing provisions of Rule 27.

The Board has reviewed the position of both parties as well as the on-property record and has found that there is no basis for intervening in this case. Rule 27(b) mandates that the employee must notify his supervisor and receive permission to be absent except under certain circumstances. There has been no mitigating circumstances shown that would have served to prevent the Claimant from contacting his supervisor during the period from February 11, 1988 through February 24, 1988.


      AWARD: Claim denied.


              Adopted at Newatk, New Jersey, ro , 1989.


                      C4" &!~

                    Harold M~Weston, Chairman


      Carrier Member Employee Member