Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7990
SECOM DIVISION Docket No,
790.9
2-CR-CM-t79
The Second Division consisted of the regular members and. in
addition Referee Herbert Z. Manx, Jr. when award was rendered.
( System Federation No,
109,
Railway Employes'
( Department, A, F. of Z. - C. I. 0.
Parties to Dispute: ~ (Carmen)
( Consolidated Rail Corporation
Dispute: Claim of Employer:
(a) That the Carrier violated the effective agreement when on November
3, 1976,
it assessed Mr. John P. Jones, Cayman, five days actual
suspension cormencing Novern'ber
4, 1976
and terminating November :LO,
1976,
as a result of hearing and investigation conducted on
October
26, 176,
(b) That accordingly, the Carrier be ordered to remove all record of
this discipline from his service record and that the Claimant's
service record be restored unimpaired; that the Carrier be ordered
to reimburse the Claimant for all compensation he would have
earned during the period November
4, 1976
to November 10,
1976
inclusive.
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 exnploye within the meaning of the
Railway Labor Act as approved June 21,
193+.
This Division of the Adjustment Board has jurisdiction over the disgat,e
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was charged with violation of Rule 22 and "Lateness in arrival
for your scheduled starting time, all of which occurred daring period
August Ll,
1976
through and including October
13, 1976",
with an amended
charge referring to tardiness on October 20,
1976.
Rule 2?_ reads as follows:
"Rule 22 - Reporting Off
In case an employee is unavoidably kept from work he
will not be discriminated against. An employee
detained from work on account oz" sickness or for any
other good causes shall notify his foreman as early
Foam 1
Page 2
Award No. 7990
Docket No. 7909
2-CR-CM-179
"as possible. When known, employees are expected to
make advance arrangements if necessary to be absent."
Claimant was afforded a fair investigative hearing with full opportunity
to defend his attendance record. The specifications in the notice ox"
investigation were sufficiently clear so that there could be no misunderstanding as to the purpose of the hearing. At the hearing, the Claimant
admitted the numerous instances of tardiness and failure to report.
From the record it is clear that the Claimant maintained an unsatisfactory
attendance record during the two months in question and. that he failed to
comply -vrith the
requirements
of Pule 22. There is no indication that he was
in any way "discrimirat ed against".
Following the investigative hoaxing, Claimant was assessed a five-day
disciplinary penalty, and the Board finds no reason whatsoever to interfere
with this remedial penalty imposed by the Carrier.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUfI`14ET1T BOARD
By Order of Second Division
BY
,,-5dsemarie Brascn -- Adin.n strative Assistant
Dated ~t ChicaEp , Illinois, this 27th day of June, 1979,