(Advance copy. The usual printed copies will be sent later.).
Form 1 NATIONAL RAILROAD AWUSTMENT BOARD Award No.
6457
SECOND DIVISION Docket No.
6302
2-IC-CM-'Z3
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
( System Federation No.
99,
Railway Employes'
Department,
A. F. of L. - C. I. 0.
Parties to Dispute: (Carmen)
The Illinois Central Railroad Company
Dispute : Claim of Employe s
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1. That under the current agreement Car Inspector A. R. Yates was
unjustly dismissed from the service of the Illinois Central Railroad on May
19, 1971.
2. That accordingly the Illinois Central Railroad be ordered to reinstate Car Inspector A. R. Yates to service with seniority unimpaired, paid for all time lost, and any other benefits he would
be deprived of while being held out of service.
Findings
:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or ca-riers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor
Act as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was absent from work on April 11, 12, 13, 14, 15 and 18. A
hearing was held to determine his responsibility for being absent. A t the hearing
it was developed from the claimant's testimony that he claimed to be ill on April
11 and on April 12. lie did not reach anyone to notify triem that he would be absent
on April 11 but did give such notice on April 12. As to the remaining days, claimant.
testified that he had no excuse for not calling arid that he was not too ill to
make a telephone call. He did not report ill to the carrier's doctor and offered
no proof of illness to justify the extended absence.
His past record listed a number of repri» nds, a suspension to which
he consented, excessive, unexplained and unreported absences, and repeated
violations of rules while on the job.
Form 1 Award No. 645-7l
Page 2 Docket
2-IC-CM-173
It is conceded that the hearing was fairly conducted after proper notice
and claimant :gas represented at the hearing.
There is no reason to disturb either the conclusion reached by the
hearing officer or the penalty imposed. The evidence produced at the hearing and
the claimant's record of pa :;t misconduct justify the result.
A WA R D
C?airi denied.
NATIUNQL RAILROAD ADJUSTMENT BOARD
By Crder of Second Division
Attest:''
s
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Executive Secretary
Dated at Chicago, Illinois, this 27th day of February,, 1973.
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