Form 1 NATIONAL RAILROAD
ADJUSTMENT
BOARD Award No. 7726
SECOND DIVISION Docket No. 7590
2-C&O-FO-'78
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( System Federation No.
4,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
( Chesapeake and Ohio Railway Company
Dispute: Claim of Employes:
1. That under the current agreement Rodney L. Stanley, Laborer, was
unjustly dismissed from the Carrier effective October
29, 1976.
2. That accordingly the Carrier be ordered to reinstate this employe
with full seniority rights and be made whole for any other benefits
he lost due to this discipline including but not limited to
wages, vacation rights, health and welfare benefits including
Railroad Retirement which he would have received during the time
he has been 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 or 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.
Claimant was absent twenty four
(24)
days after his recall from furlough
on September
7, 1976.
During this time, September
8, 1976
through October
12,
1976,
he failed to report the status of his condition to his foreman
on four
(4)
occasions and frequently called in late that he would not be
at work.
Moreover, he did not adduce mitigative medical evidence explaining
the nature of his .purported illness or appear at the scheduled investigative
proceeding to determine the bona fides of the charges.
It is a clear and glaring record of un.permitted absenteeism. Rules
32
and
33
which are unambiguous and quoted in pertinent ,part are directly
applicable to the fact specifics herein:
Form 1 Award No.
7726
Page 2 Docket No,
7590
2-C&O-FO-'78
RULE
32
LEAVE OF ABSENCE
"(a) Employees will not be permitted to lay off from work without
first securing permission. The arbitrary refusal of a reasonable
amount of leave to employes when they can be spared, or failure
to handle promptly cases of sickness or business matters of
serious importance to the employes is an improper practice and
may be handled as unjust treatment under these rules and
regulations."
RULE
33
UNAVOIDABLE ABSENCE FROM WORK
"In case an employee is unavoidably kept from work, he will not
be discriminated against. An employe detained from work on
account of illness, or for any other good cause, shall notify
his foreman promptly."
We find nothing in the record that would warrant penalty reduction.
Claimant was offered his opportunity to refute or minimize the gravity of
the charges and he refused it. We will deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this lst day of November, 1978.