Form l NATIONAL RAILROAD ADJUS'IMF'i~r BOARD Award Nb. 7964.
SECOND DIVISION Docket No, 781+
241C-FO-'79

The Second Division consisted of the regular meAbers and in addition Referee Irwin M. Lieberman when award was rendered,

( System Federation i'uo, 18, Railway Employes'

( Department, A, P. of L. - C. T. 0.

PaxtiE;s to Dispute: ( (Firemen 8-.. oilers)

- _ (

( Maine Central Railroad Company

D1S J_tC:: Claim Of 1,__:.t Z.UyeS ;

l., That in violation of the current agreement' Laborer Rickard E.

Parke was nn,it?stly dismissed from the service of the carrier fo:Llovrixy h.eWr ings 1-.e'! d on dates of June 7, 1977 and JuN rr, 1977.

That accordrzrly the c;=.:,x°x~ier be ordered to Y:Ake the as:oxwez:ientioz'zcd

Laborer . ~:i_chard E. F,Nrke whole icy L~e: tor:i n;; him to c<:.r?:':i.c:r' s

sex -vice Z'7:1'uh seniority r:Lt~11t.S 'U1?:k:;it7fl.lx'ed, plus re~aoratlon of all

IJ.Ol:ld?..,', '(r;:::`,at:1an, health and welfare benefits, C:aSS privileges

and all other rights, benefits and/or privileges that he is

entitled vt-a q 3 n o ~ ' < a mzder Y,.~u_1.es, custom, F.~;xeu..,.~_t;,_ , Or law,, and c:onpens atec3.

for all lost wages.

I'indi.t .

The Second .DiV7_S:LOn of the .Adjustment Board, upon the whole record and a.ll the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and aroploye within the meanirzS- of the Ullman Labor Act as approvod June 21, 131-.

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

Parties to said. dispute waived right of appearance at heax'iry thereon.

This is a discharge dispute in which Claimant was charged as follows:

"You are charged as follows: On Thu.rsda*y, Tune 30, 19779 you were ordered to report far woxk July 1, 1977, or furnish proof you were unable to works You failed to comply with either of these instructions, and, therefore, y'au are in violation of Rules 703 and 707 of the Rules Governing Mechanical Department ErylUyeE'.S, It

Followin g a hearing, in which C1au.rn,~.rzt did trot ap'pea.r, he -vra.s found guilty of the. charges and d.i;issed. ,'Lile 703 referred to above provides that employes who are in-subordinate (ax:!ong other '(:hinCs ) will be sub j act to
Form 1 Award No. 796Z1
Page 2 Docket 110 . 781+9
2-1~JC-1-0-' 79

dismissal. Rule 707 holds that employes must report for duty at the designated time and place and further that employes may not absent themselves from duty without proper authority. The fa>,cts indicated that Claimant marked off on June g, 177 after filing an Accident Incident Penort. He had complained previously about the effects of using a particular cleaning chemical in the course of washing an en[;:irzc. On June 15, 1977 Claimant received 'a hand- %f.e:L~_vered let-Lev ?akin t; an appointment fox him -with the Conmanw physician f"or June 23rd for a medical evalt?at_~.ot1, Cla~_writ failed to keep his appo:imLrycnt with the: Camp an- dc,ctor and failed to give a reason for non-co:.ml:ianor~",

On June 30, 3_977 Claixr.ant was again hand-del:i.vered a letter from Carraer ordering, l:Wn to report to z:or:L on July l.t or: furnish _crx'oof that he zr~as unable to work. C:r_:=..rr:ant neither rey o rted to work as inst'ructcd made arz;yr contact with Carrier oificial.s.

Petitioner argues that carrier has not sustained its bu-1-den of proof-

in this dispute a:~J that its actions an d::_:~m:i.s: irz`~: Cla irrant wcrc. ax·p:i.tx'a: -;y
unjust and Cu.p;C:i_GGl1S. T11° O:!'ga,nl7,aaf,~0i1 avers -~l?~et C.Ia'iillS,r2t i'1wd. indeed
been nll as a ,rema7 t of exuo,~ux a to t2o:r-s.Cjus cheza:i.cal s at work and had
proly roti- c, Uper Ec.d his foxe.-an of the and reasons for not I.,
work.

An, exaxrinat:ion of the tr ansoript of the inve:;ti ga.tion :in this matter

ind:i.ea,tca that no reason nrhate;rex :;mss ~px~ov:ided by C1:~,irvant fox' neither
keeping the doctor's appoint :ent nor report for -ork as ordered. It --7-s
noted that he did rot seek a postronanen t or resc_vdulin of the hearin~ ;In
this me,tter. The record also reveals t.lx=~t on. the t<<:n occasions o f the de:_i.-~-ver,~
of notices to Claimant by Carrier personnel, ho iars found to be engaged :i_va
lobst·: ring on his oz~an boat at- a time wlxen he would othexn_,:~se have been
expected to be at -work. Carrier's testJ=:orw indicated that h e had no apprrewt,
-physical limitations while engaged in tlm strerraous activity attendent 0,,.-I
lobstering.

Based on the record of the investigation as well as Claimant's previous poor attendance record, Carrier zvr= justified in both its conclusions as to his guilt as well as in the decision as to the penalty to be assessed. ';:re Claim r~rzst be denied.

A Z,T A R D

Claim denied,

1V'ATIOXLT, RAILROAD ADJUSTi~I~'L,'i.T BOARD By Order of Second Division Attest: -Executive Secretary

Nati.oml Railroad Adjustment Board

i ia =3r<,.sch - Acin:i.n:i_st:c at:ive h.ssiscant

Date/ at Chicago, Illinois, this 13th day of June, 197.