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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."
Public Law Board No. 6584,
Awd. 3, Case 3 (Suntrup) (UTU/Soo Line)
"There is not a scintilla of evidence in the Claimant's testimony, or in the record as a whole of this case, that the Claimant is aware of, or admits awareness of, the gravity of his behavior in this industry that is particularly sensitive to safety matters."
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