Form 1 NATIONAL RAILROAD ADJUSTMIT BOARD Award I`To.
8715
SECOND DIVISION Docket No.
7986
2-BNI-FO-'79
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( System Federation No.
7,
Railway :Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Burlington Northern Inc.
Dispute: Claim of Emnloves:
1, Under the current controlling Agreement, Mr. A. R. Walker, car
laborer, North Kansas City, Missouri, was unjustly dealt with when
dismissed from service of the Burlington North.-orn, Inc., effective
September
30, 1977.
2.
That, accordingly, the Burlington Eorthern, Inc. be ordered to
reinstate I:'r
. A.
R. 7rTaU:er to service with seniority rights
unimpaired; T,rith payment for all ti:ie lost, credit for frirZe
benefits and reference to this incident stricken from his record.
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 respectivel<,v carrier and ez::ploye within the meaning of the
Railway Labor Act as approved June 21,
1934.
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 hired by the Carrier on July
16, 1976.
During the period
from August
17
to August
28, 1977,
he failed to report for work as scheduled
and did not request nermission to absent himself. He did telephone his
supervisor tvrice during this ^eriod, but in each case indicated that he
would report for work the follu~ring scheduled z~rork day; while stating that
he was ill, he did not request pex.nission to be absent.
He failed to appear at the investigative hearing provided for him.
The hearing proceeded, after a reasonable delay, and was conducted in a fair
manner. He was thereafter dismissed from service on September
30, 1977.
Subsequent to the hearing and the Clai.-ant's dismissal, the organization
supplied a physician's statement alleging that the ClaiL:ant was disabled so
as to prevent him from working during the period of his absence. To be
Form 1 Award No.
8115
Page 2 Docket No.
7986
2-BNI-FO-'79
effective, such evidence should have been produced at the investigative
hearing. Even if the physician's note is taken into account, it does not
address to the Claimant's principal wrongdoing -- his failure to notify the
Carrier in advance and/or during the period of his absence. No evidence
was presented that he was unable to do so if he so desired.
Under the circumstances, the Board finds no basis to question the
disciplinary penalty imposed by the Carrier.
A'W A R D
Claim denied.
NATIONAL RAILROAD ADJLTSTME17T BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
G~`~,
rF
By r'c:'1·^C.4$-_...'i''~,.,...-a!:~'..·-~"~
'_~16F-emarie Brasch - A~I:Unistrative Assistant
Dated
ft
Chicago, Illinois this 27th day of September, 1979.