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 S. Terry was in violation of

the Agreement, particularly Rule 27, and therefore, the

Claimant shall be reinstated 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.

The Organization strenuously argues that the Claimant requested a leave of absence to return to school full time. Such request was allegedly confirmed by the timekeeper at Hoboken.

While a review of the record satisfactorily reveals to this Board that a leave of absence was requested and not granted, there exists no reasonable explanation why the employee did not fulfill his obligation to report to work except that he knew ahead of time that by not reporting, he would be subjecting himself to the self-executing conditions of Rule 27.

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.

Adopted at Newar New Jersey, ~d, 19

Harold M. Weston, Chairman

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