Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6915
' SECOND DIVISION Docket No.
6692
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( International Association of Machinists and
( Aerospace Workers, AFL-CIO
( George P. Baker, Robert W. Blanchette and Richard
( C. Bond, Trustees of the Property of Penn Central
( Transportation Company, Debtor
Dispute: Claim of Employes:
1. That Management at the Collinwood Diesel Locomotive Shop,
Cleveland, Ohio, on September
17, 1971,
unjustly and arbitrarily
dismissed Mr. R. 0. Burroughs, Machinist.
2.
That Mr. R. 0. Burroughs be returned to service with full
seniority rights and be compensated for loss of wages, vacation
pay, hospitalization benefits and any other benefits due to
him until returned to service.
3.
That compensation paid, be adjusted by payment of an additional
10°~ interest.
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
. The carrier or carriers 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, on August
31, 1971,
was given notice to appear for an
investigation on September
8, 1971
on the charge of "excessive absenteeism
from your position with the Penn Central Transportation Company."
At the hearing the unrefuted testimony was that between June
22
and
August
31, 1971
Claimant was absent without permission for
13
days, and
from August
31
to September
8
Claimant was absent without permission for
5
days. Having determined that Claimant was excessively absent during
this period and after reviewing his prior record (that included a reprimand
for excessive absehteeism), Carrier dismissed Claimant from its service.
~,rorm 1 Award No.
6915
Page 2 Docket No.
6692
2-FC -MA-'
75
After reviewing the record in this dispute, including the hearing
transcript (wherein Claimant agreed that the investigation was conducted
in a fair and impartial manner), the Board finds that Carrier's action
was not arbitrary or capricious.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 26th day of August,
1975.