Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
753%+
SECOND DIVISION Docket No.
7473
2-CR-CM-'
78
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Federation No.
109,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under the controlling Agreement, Car Cleaner Richard Sawyer
was arbitrarily and unjustly dismissed from service on March 7.2,
1976.
2. That accordingly, the Carrier be ordered to return Car Cleaner
R. Sawyer to service with pay for all time lost beginning March
13, 1976.
3.
Further, that the Carrier be ordered to restore Car Cleaner R.
Sawyer's seniority, vacation and sickness benefits; and that
the Carrier be required to pay any and all bills that have developed
for Hospital, Medical, Surgical and Doctor bills as a result
of losing coverage under Health and Welfare Plans when improperly
taken out of service. In addition, if this Carrier is granted
the right to deduct any earnings in outside employment, they
be required to make full payments to the Railroad Retirement
Board for this period so that',Jr. Sawyer
will
continue his
retirement credits and his unemployment and sickness benefits
under this Act.
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 or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21,
19311..
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 vras a car cleaner at the Carrier's Harrison Yard facility in
New Jersey, with approximately 18 months service at the time of dismissal.
During the period from January 2,
1976,
to February 12,
1976,
claimant was
I
F orm 1
Page 2
Award No.
7534
Docket No.
7473
2-CR-CPI-'
78
absent from work, late ox left work early on eleven separate occasions.
He claimed illness of his own ox that of his family, but did not produce
adequate proof, and in some cases no proof, of these claimed incidents.
The Carrier contends violation of Rule
33
- Absence from Work:
"In case an employe is unavoidably kept from work he will
not be discriminated against. An employe detained from
work on acca.znt of sickness, or for any other good cause,
shall notify his foreman as early as possible. Employes
axe expected to make advance arrangements if necessary
to be absent, when known."
The record substantiates the Carrier's charge that the claimant was
irresponsible and indifferent to his employment obligation during the
January - February,
1976,
period. We feel the time he has been held out
of service should have accomplished the end of making him aware of his
need to be punctual and responsible.
1~-Te
order that the claimant be returned
to work without back pay, but -with his seniority intact. It is assumed
that the claimant will take this opportunity to prove himself a responsible
employee.
A W A R D
Claim sustained to the extent indicated in Findings.
NATIONAL. RAILROAD ADJUST?,TKIT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Ro emarie Dcasch - Ad2i:inistrative Assistant
Dated at Chicago, Illinois, this 9th day of May,
178.