Forth 7. NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7308
SECOND DIVISION Docket No. 7192
2-D&RGW-SM-'77
The Second Division consisted of the regular members and in
addition Referee Robert A. Fxanden when award was rendered.
( Sheet Metal Workers' International
Association
Fatties to Di.mte: (
( Denver and Rio Grande Western Railroad. Company
Di.s~rute: Claim of Employes ;
question at Issue:
A. Dismissal of Sheet Metal Worker, Mx. Manuel A. Martinez.
B. 1. That Mr. Martinet be returned to service, with seniority rights
unimpaired.
2. Compensate Mx. Martinet fox all time lost.
3.
Make Mr. Martinet whole for all vacation rights.
4.
Pay the Hospital Association Dues, for surgical and Medical
Benefits fox all time held out of service.
5. Pay the Premiums fox Group Life Insurance for all. time held out;
of service.
6.
Pay all Travelers premiums under GA 23000, for all time 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 carriers and the employe ox employes involved
in
this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
In August of 1,975 claimant absented himself from duty.
On
August 26,
1975
claimant was sent a certified letter, return receipt requested, notifying
him that his presence was requested at a formal investigation on the charge
of absenting himself from duty. The receipt was returned signed by claimant.
On September 2 the investigation was held but claimant did not attend.
Forth I Award No.
7308
Page 2 Docket No. 7192
·r_/
2-D&RGW-SM-'77
The transcript of the investigation establishes
that
evidence was
presented sufficient to support the charge against claimant. The charge
was sustained and claimant was dismissed.
This Board has held marry times that absenteeism is a proper basis for
dismissal. The refusal of the claimant to attend the investigation to defend
himself was done at his own peril.
We find no basis for the claim.
It is unnecessary to consider the many procedural questions raised in
that the merits of the case have been decided.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTNENT BOARD
By Order of
Second
Division
Attest: Executive Secretary
National Railroad Adjustment Board
<seznaxie Branch _ Administrative Assistant
Dated at Chicago, Illinois, this 5th day of July, 1977.