Form 1 NATIONAL RAILROAD ADJUSTIMENr BOARD Award No. 7749
SECOND DIVISION Docket No. 7635
2-EJ&E-CM-'78

The Second Division consisted of the regular members and in addition Referee James F. Scearce when award was rendered.

( System Federation No. 6, Railway Employer'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Carmen)

( Elgin, Joliet and Eastern Railway Company

Dispute: Claim of Employer:

That as a result of an investigation held on Tuesday, Aug-zst 3,~ 1976, Temporary Carman Keith Redmon was dismissed from the service of the Elgin, Joliet & Eastern Railway Company, effective August 16, 1976. Said. dismissal of Cayman Bedumon i s arbitrary, c-apricious, unreasonable, unfair, unjust and in violation of the current working agreement, specifically Rules 116b and 100 (old rules 22 and 35).

2. That the Fl-in, Joliet & Eastern Railway Company, hereinafter

referred to as the Carrier, be ordered to reinstate Cayman IZedrzon,

hereinafter referred to as the Claimant, to the service of the

Carrier with full seniority and all other rights unimpaired. Plus

eight (8) hours pay at the pro rata rate for each day withheld

from the Carrier's service until said reinstatement is effected..

In addition to the money amounts claimed herein, the Carrier shall

pay Claimant an additional amount of 6~1o' per annum compounded

annually on the anniversary date of the claim.

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 employer involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved. June ?_l, 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.

The record presented. relative to absenteeism leaves little doubt that the Claimant di.stirz~7zislred himself by a marked d.isintcrest in his job or a lack of understanding that he sra.s both ex-pected and rewired to be regular in attendance. vihether or not the Carrier brouht this to his attention at the time of each such infraction does not change their existence.
Form 1 Award No. 77-9
Page 2 Docket No. 7635
2-EJ8cE-CM-' 78

It is noted, however, that the Claimant is a young employee and assuming that the period of his mandatory removal will have made an impact upon hire as to his obligations, we axe returning him to his former position, without back pay, with the strongest .possible suggestion that he seize this one last opportunity to prove himself a prompt, reliable and dedicated employee, with the further understanding that he report fox work within 60 days after being notified by Carrier.

A W A R D

Claim upheld to the extent set forth in the Findings.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

L By-
/jsosezn,arie Brasch - Adninistrative Assistant

Dateat Chicago, Illinois, this 29th day of November, 1978.