SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 59
Docket No. NEC-BMWE-SD-1910
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. P. Garcia (System File NEC-BMWE-SD-1910D).
2. Mr. P. Garcia shall be returned to service with seniority and
all other rights unimpaired and he shall be compensated for all
wage loss suffered."
FINDINGS:
For approximately ten years, Claimant P. Garcia was employed as a
carpenter by carrier. On April 15, 1987, Claimant sustained an onduty injury and received medical treatment. Claimant did not return
to work thereafter. By letter dated June 2, 1987, Carrier asked
Claimant for medical documentation of his physical condition, which
Claimant referred to his physician. On June 18, 1987, Carrier
informed Claimant that because Claimant had not informed Carrier of
his medical status, Carrier considered Claimant to have resigned from
service under Rule 21-A. The Organization thereafter filed a claim on
Claimant's behalf, challenging his dismissal.
This Board has reviewed the record in this case, and we find that
there is sufficient evidence in the record to support the Carrier's
action in terminating the Claimant's seniority pursuant to Rule 21-A.
The record reveals that the Claimant did not respond to the Carrier's
request for medical documentation as to the reasons for his absence;
and, therefore, the Carrier invoked Rule 21-A, which was specifically
negotiated for this very purpose.' The Claimant has not pointed to any
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circumstances beyond his control which caused him to not notify the
Carrier as to the reasons for his continued absence. Therefore, this
claim must be denied.
Award:
Claim denied.
Neutral MT
'7
Carrier Member ganization Member
Date:
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