1472 Carroll v. International Union

The decision not to appeal the case to the Umpire was rational. It was unreasonable for Carroll to assume that a call to the guard shack would justify his absence until August 18 in the absence of any documents to support his request for medical leave, particularly in light of the Company’s warning that he would be considered AWOL if he did not report to work on July 25. Carroll claims that he did not receive the notice of the attempt to deliver the Company’s five-day letter on August 2, but the contract does not require the Company to establish that such a notice has been received in order to terminate an employee’s seniority for failure to report to work.