YARDMASTER DEPARTMENT AWARDS

AWARDS 77A- ABSENTEEISM - IN JAIL

Third Division Award No. 29335  

"Award 31 of PLB No. 3514 resolved a dispute between the parties concerned here under identical circumstances and ruled as follows:

"`Rule 28(b) unambiguously provides that an employee shall forfeit his seniority if absent from his assigned position in excess of fourteen consecutive days. The record establishes that claimant was in fact absent from his assigned position for more than 14 consecutive days. His absence was due to 30-day incarceration by civil authorities for drug-related violation.

"`Confinement in jail does not constitute unavoidable absence or provide a valid basis for an exception to Rule 28. See Third Division Awards 24606 and 22868, e.g. It was claimant's fault that he was not able to protect service for Carrier during the lengthy period he was absent.'

The aforequoted language of Award 31 of PLB No. 3514 is incorporated herein, and for the very same reasons, the dispute concerned here is denied."

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Last modified: December 14, 1999