Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7769
SECOND DIVISION Docket No.
7699
2-BNI-MA-'
78
The Second Division consisted of the regular members and in
addition Referee Abraham Weiss when award was rendered..
( international Association of Machinists and
( Aerospace Workers
Parties to Dispute:.
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. That the Burlington Northern Inc., hereinafter referred to as
the Carrier, violated the current agreement because Machinist
Rodney R. Allen, Clyde Diesel Shop, Chicago, I11im1s, herein
after referred to as the Claimant, was
unjustly and
arbitrarily
dismissed from service on October
9, 1976,
following investigation
fox alleged violation of the Burlington Northern Safety Rules.
2. That accordingly Carrier be ordered to restore Claimant back to
service with seniority rights unimpaired.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox 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 dismissed, following formal hearings, fox absenting
himself from duty without proper authority on August 21,
1976
and fox
tardiness on August 23,
1976.
An investigation was scheduled fox September
10, 1976,
by letter dated August
31, 1976.
On August 24,
1976,
Claimant again failed to report fox duty although
he had called and reported that he would be approximately one-half hour
late reporting to work. He failed to report fox duty at all that day.
Claimant was again absent on September 2,
1976,
without authorization. Are
investigation concerning these latter two absences was held on September 20.
I
Foam 1
Page 2
Award No. 7769
Docket No. 7699
2-BNI-MA.-'
78
The record indicates that Claimant had been previously censured and
suspended fox similar infractions. Carrier had applied the principle of
progressive discipline for Claimant's previous offenses of similar nature,
Claimant failed to report for work, without approval, even though he
was made aware by the August 31 notice that his attendance record was to
be investigated and that he faced she possibility of more severe discipline
than suspension. Carrier's previous corrective measures, including
discipline for similar occurrences, apparently have not induced Claimant
to correct his attitude ox his attendance nor to discourage repeated
offenses of the same nature.
Based on the instant situation and Claimant's prior record, we must
conclude that Carrier's action in dismissing Claimant from service was
not unreasonable or excessive. We must, therefore, deny the claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
B;
Ros _ axie Bxasch - Administrative Assistant
Dated Chicago, Illinois, this 6th day of December, 1978.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division