Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7565
SECOND DIVISION Docket No.
7487
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 T. Keith, Jr.
was arbitrarily and unjustly dismissed from service on March 12,
1976.
2. That accordingly, the Carrier be ordered to return Car Cleaner
T. Keith, Jr. to service with pay for all time lost beginning
March
13, 1976.
3.
Further, that the Carrier be ordered to restore Car Cleaner
T. Keith, Jr.'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 Mr. Keith, Jr. 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,
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.
The Claimant was assigned as a Car Cleaner at the Carrier's Harrison
Yard facility and had been employed approximately 15 months at the time of
the incidences cited as the basis for dismissal. During the period of
Form 1
Page 2
Award No. 7565
Docket No. 7487
2-CR-CM-' 78
January 2 to February 26, 1976 the Claimant was absent on five days, late
on eleven other days and left the job early on eight days. He was notified
of a hearing and investigation on his absenteeism, lateness to work and
going home early on March
9,
1976, which he attended.
The Claimant contended medical problems as the basis for his lost time,
but offered no medical proof of such illness. The Organization cites
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 account of sickness, or fox any other
good cause, shall notify his foreman as early as possible.
Employes are expected to make advance arrangements if
necessary to be absent, when known."
to counter the Carrier's charge that the Claimant was unreasonably and
unjustifiably away from his job in violation of Rules 2 and
3.
These
Rules establish eight hours as a day's work and
40
hours consisting of five
days of eight hours as a work week. While Rules 2 and
3
do not define
precisely what an employee's obligation is to regular attendance and while
Rule
33
does establish a basis for absence from work due to sickness or
"any other good cause," it has long been a precept that reasonableness ox
the "rule of reason" can be applied where ,precision is otherwise lacking.
In this case, it is patently unreasonable to assume that Rule
33
can be
applied to absence from work for some period of time on
24
different
circumstances in so short a period of time, without entitlement on
management's part to require proper excuse. Otherwise, it would be impossible
to sustain a viable work force. There is nothing in the record to indicate
that the Claimant had prior discipline, for that reason, he will be afforded
an opportunity to return to work without pay. It is suggested that the
Claimant take this opportunity to prove himself a conscientious and
dependable employee.
A WA R D
Claim sustained to the extent indicated in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOAFD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Bcard
By
o emarie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this 16th day of June,
1978.