Form 1 NATIONAL RAILROAD ADJUSTMET1T BOARD Award No.
8171
SECOND DIVISION Docket :?o.
8027
2-cR-CM-'79
The Second Division consisted of the regular members and in
addition Referee Robert E. Fitzgerald, Jr.,, when award was rendered.
( System Federation No. 109, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
(Consolidated Rail Corporation
Dispute:
Clan
of Employes:
(a) That the Carrier violated the controlling agreement when on April
29, 1977,
it assessed
30
days actual suspension (May
2, 3, 4, 5,
6, 9, 10, L., 7.2, 13,
16,
17, 18, 19,
20, 23, 24, 25, 26, 27,
30,
31, June 1, 2,
3,
6,
7, 8, 9,
10,
1977)
to Welder Desmond A.
Donovan, ConRail Repair Facility, Reading, Pennsylvania as a result
of hearing and investigation conducted on March
31, 1977.
(b) That accordingly the Carrier be ordered to compensate Welder
Desmond A. Donovan the 30 days actual suspension as well as any
other compensation the Claimant would have earned during the
30
day period he was serving his discipline; and further that the
Carrier remove all record of this discipline and that the Claimant's
service record be restored unimpair ed.
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,
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.
The Claimant eras employed by the carrier at its Reading, Pennsylvania
repair facility. His suspension by the carrier resulted from absenteeism
and tardiness during the period of December
16, 1976
to March 7, 1977. The
suspension was based upon a finding of a violation of Rule 22, which 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 of sickness or for arty other good causes
Form 1 Award No.
8171.
Page 2 Docket No.
8027
2-CR-CM-'79
"shall notify his foreman as early as possible. When
known, employees are expected to make advance arrangements
if necessary to be absent."
"General Notice C
"The subjects treated in these rules are subdivided for
convenience. The rules apply equally to all personnel
and must b e observed wherever they relate in any way to the
proper discharge of the duties of any employee."
Claimant argues that the carrier has failed to meet its required burden
of proof to show a violation of Rule 22. In this regard, the claimant notes
that he submitted evidence that he was under doctor's care for six of the
days of the time involved.
The record reflects that claimant was absent for eight days, and that he
reported late for his assigned work on six days, and departed the job early
on two days. The accurulative total of these incidents is
76
tiaurs and 38
minutes absence from work.
Further, the claimant failed to give any notice to the carrier of his
absence on two of the days involved. Claimant failed to give any reason
why there was no notice given.
Also, claimant gave no explanation for his absence on many of the
incidents, except to state that they were for personal business. Such
personal business involved both full days of absence and late arrivals.
Based upon the record which is noted above, it is clear that the claimant
failed to meet the requirements of Rule 22. Claimant has an unsatisfactory
attendance record for the time period referred to.
The disciplinary layoff issued to the claimant was reasonable under the
circumstances.
A W A R D
Claim denied.
NATICSUAL RAE~ROAD ADOMTMENT BOARD
By Order of Second Division
Attest; Executive Secretary
National Railroad Adjustment Board
,y
,---Rosemarie Brasch - Administrative Assistant
Dated a~ Chicago, Illinois, this 14th day of November,
1979.