SPECIAL BOARD OF ADJUSTMENT NO. 986
AUG l~
~JOU
Docket No. NEC-BMWE-SD-1336
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
1. The Carrier violated the Agreement when it improperly closed the
service record of Mr. L. McDavidson (System File NEC-BMWE-SD1336).
2. Mr. L. McDavidson shall be returned to service with seniority
and all other rights unimpaired and he shall be compensated for
all wage loss suffered."
FINDINGS:
Claimant L. McDavidson was employed by Carrier in its Maintenance
of Way Department. In late May 1985, Claimant received medical
treatment for gastroenteritis, nausea, and diarrhea; Claimant verbally
notified his supervisor and project engineer of this treatment.
Claimant's physician released Claimant for service on June 19, 1985.
By letter dated June 18, 1985, Carrier informed Claimant that under
Rule 21-A of the agreement, he was classified as having resigned from
Carrier's service as of June 17, 1985, because Carrier's records
indicated that Claimant had missed work for fourteen consecutive days
without notifying his superior. The Organization thereafter filed a
claim on Claimant's behalf, challenging his dismissal from service.
This Board has reviewed the evidence and testimony in this case,
and we find that the Carrier acted within its rights when it applied
the self-invoking provisions of Rule 21-A and terminated the
Claimant's seniority. The record reveals that the Claimant was absent
without notifying the Carrier from May 28, 1985, until June 17, 1985.
On June 18, 1985, we find that the Carrier properly sent the Claimant
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a letter informing him that he was being considered resigned in
accordance with Rule 21-A.
Rule 21-A was negotiated between the parties to allow the Carrier
to deal with "walk-away" employees who are gone for 14 days without
notifying the Carrier as to the reasons for their absence. It is a
rule that exists throughout the industry and is not in any fashion
unreasonable. The parties agreed to it. The Claimant was clearly in
violation of the rule, and we find that there is nothing unreasonable
about the Carrier invoking it in this case. Therefore, the claim must
be denied.
Award:
Claim denied.
[K-
Carrier Member .ganization Member
Date:
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