Form i. NATIONAL RA.Ih1OAD ADJUSTITE, :v~I' BOARD Award No. 7839
SECOfD DIVISION Docket No. 7771+
2-sLSF-FO-t79

The Second Division consisted of the regular members and in addition Referee Herbert L. 1.iaxx, Jr. when award was rendered,

( System Federation No. 2.?_, Rail-may Fmployes'

Department., A. F. of L. - C. 1. 0.

Parties to Dispute: ( (Firemen & Oilers)

(

( St.houis-San Francisco Railway Company

Dispute: Clair. of Employes*

1. That under the current applicable Agreement Laborer, Johnathan E.

Gray, was unjustly dismissed from the service of the Carrier on April 25, 1977.

2. That accordingly, the St. Louis-San 1'x·ancisco Eails~r~wy Com.pany co: P.q er?sate Laborer, Jonr.atha.n E. Gxa~ry at the x~ro rata rate of pay for each z·,Tor~k day bf.~i nning f,_pxil 25, 1977, until he is reinstated to service and in addition to receive all benefits accxuin g to any other e::.ployee in active service, including vacation, rights -and seniority unirnpa~_-

red.

Claim is also made fox Laborer , John~"than L. Gra·,r, fox his actual loss of ,pa,,-zne.rnt of insurance on his do~yndents and hospital berxefi.ts fet hi.rself, and that he be made whole for pensioil benefits zncl:?d:LnRailroad Reti renet:t and Unet~1_o;,::ient Insurance, and :in addition to the moa.ze;;r cla.s.,ned Hct'ein, the ;:ax·xier shall pay P~ir. Gray, an additional sum of 6;,) per annum comjounded annually on the anniversary date of said claim.

Findings:

The Second Division of the Adjustment Board' u.poz2 the whole record and all the evidences finds that:

The carrier or carriers and the ernploye of e?rplo,yes involved in this dispute are respectively carrier and e_r.~ploye within the meaning of the Railway Labor Act as approved June 21 ., 1934.

This Division of the Adjustment Board has jurisdiction over the dispate involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant, who eras first employed by the Carrier on January 1+, 1971+, was dismissed from service on May 2, 1977, following an investigative hearing. The record shows that the. hcai~in;:~ ;~ condp_cted in a fair rrannex and that the claimant arid his re,p.res~ntat:i.ve wore not improperly denied information concerning the cla:i.iran=c ' s personnel record.
Foam 1 Award No. 7839
page 2 Docket No. 777+
2-sir-FO- t 79

The ,record further shows a total of 123 instances of absenteeism, tardiness, or lea-iT.'!_ng work early between January 1, 1976, and April 7, 1977, During this period claimant ;teas given warning letteNs concerning, his attendance ,record on three occasions. The Board finds no basis on which to disturb the action of the Carrier in dismissing the claimant .from service,

A W A R D

Claim denied.

NATIQiZ~'1:,G P.ATLROAD ADjUSTETTIT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

1J ~ 1 ~E:?ine~3,x'1e 1ike3,~C1? =-ACll.''i1n:L.st,i.''t7.tre ta.S»a:'l.c~.t1t

Dated (t Chicago, Illinois, this 7th day of H ebruax,y, 1979.