Form 1 NATIONAL RAILROAD ADJUSTPENT BOARD Award No.
7888
SECOND DIVISION Docket No.
7803
2-C&NW-CM-'
79
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx., Jr. when award was rendered.
( System Federation No.
76,
Railway Employes'
( Department, A. F. of L. -- C. I. 0.
Parties to Dispute:
( (Carmen)
(
(Chicago and North Western Transportation Company
Dispute:
Claim of Hnr)los es
1. Coach Cleaner Elijah Gates was unjustly assessed thirty (30) days
suspension on ?viay 20,
1977.
2, Coach Cleaner Elijah C-aces was erroneously charged with failure to
protect his assigrunent on April 20, 21, and 22_,
1977.
3.
That the Chicago and North Western Transportation Company be
' ordered to compensate Coach Cleaner Elijah Gates for the thirty
(30) days he z~;as unjustly suspended, and make him whole for arms
loss of benefits which are a condition of employment.
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 jurisd:ictirn over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant is a Coach Cleaner employed for ap.proxin:ately two years prior
to this dispute. He received a thirty-day disciplinary suspension for being
"absent without proper notification or permission" on April 20, 21, and
22,
1977,
in violation of established rules governing attendance and
notification of absence.
An investigative hearing developed the information teat Claimant had
reported off on April 13 because of a dentist's visit. The Carrier has no
record of report-off calls by telephone on April 20-22, although C1aLmant
alleges that calls were made cn his behalf. Clainant alleged that he was
under a doctor's care from April 11 through May 2,
1977,
and apparently
read from a medical note to this effect at the hearing. x';1111 a invited to
submit the note as evidence, both during and subsequent to the hearing, he
Form 1
Page 2
Award No.
7888
Docket No.
7803
2-C&1V4J-CM-'
79
failed to do so. Testimony farther shows that on April 11, he had reported
off because he was "out of tov-n", but no connection between this and his
alleged illness was established at the hearing.
The Board finds no basis on which to question the Carrier's conclusion
that the Claimant had failed to take the necessary steps to protect his
assigturent on the three days in question. The testimony as to illness and
confinement at home was contradicted by the earlier excuses given for absence
on April 11 and April
19.
The Organization argues that the Claimant did not receive a fair hearing
as required by the Agreement. The Board does not agree. References to the
previous absence record were not used to determine the Claimant's guilt for
April 2C-22, It is proper to z:iake reference to the past record of an e-mploye
in
determining
the severity of a disciplinary penalty. In this :instance,
the record shows that the Claimant had received three letters of reprimand
and a verbal reprixaand, all as to absenteeism and tardiness and all within
one year of the currently imposed 30-day suspension.
The Organization claims that the doctor's note, referred to above, was
in the hearing record and should have been relied upon. To the contrary,
the Claimant failed to submit it for the record.
A WAR D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTh7ENT BOARD
By Order of Second Division
777-
,,osor,-eanarie BrascY? - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of April, 197.