Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8206
SECOND DIVISION Docket No. 8023
2-sPT-Ew-t79

The Second Division consisted of the regular members and in addition Referee George E. harney when award was rendered.

( System Federation No. 114, Railway Employes'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Electrical Workers)

( Southern Pacific Transportation Company

Dispute: Claim of Employes:

1. That under the current Agreement, Mechanical Department Electrician Richard Carrola was unjustly treated when he was dismissed from service on August 23, 1977, following investigation for alleged v;iolatial of portions of Rule 810 of the General Rules and Regulations of the Southern Pacific Transportation Company from may 1, 1977, to July 15, 1977.

2. That accordingly, the Carrier be ordered to:

(a) Restore the aforesaid employe to service, with all service and seniority rights unimpaired, compensate him for all time lost and with payment of 6°% interest added thereto. i (b) Pay employe's'group medical insurance contributions, including group medical disability, dental, dependent's hospital, surgical and medical, and death benefit premiums for all time that the aforesaid employe is held out of service.

(c) Reinstate all vacation rights to the aforesaid employe.

Findings i

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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.

Claimant, Richard Carrola, a Mechanical Department Electrician was dismissed from service of the Carrier on August 23, 1977, following investigation held on August 16, 1977, for alleged violation of portions of Rule 810 of the General Rules and Regulations of the Carrier. Rule 810 reads as follows:
Form 1 Award No. 8206
Page 2 Docket No. 8023
2-spr-Ew-'79
Rule 810: "Employees must report for duty at the prescribed
time and place, they must not absent themselves from their
employment without proper authority.
Continued failure by employee to protect their employment
shall be sufficient cause for dismissal."

Claimant was adjudged guilty of failing to protect his employment through continued absenteeism in the period between May 1, 1977 and July 15, 1977.

Claimant entered Carrier's service as a Laborer in 1966. In 1971, Claimant transferred to the occupation of Electrician Regular apprentice.

Upon close scrutiny of the record, the Board determines Claimant received a fair and impartial investigation. We find the evidence to be abundantly clear and substantial with regard to Claimant's record of absenteeism and tardiness for the period in question as summarized by the following statistics:

Absent 3 Days

Late to work or from lunch 11 Occurrences

Late to work and late from lunch 4 Occurrences

Left early 6 Occurrences

Late to work and left early 3 Occurrences

An analysis of the aforestated figures reveals that during the period under consideration, Claimant worked only 8Wo of his scheduled work time.

It is the judgment of this Board that Claimant's pattern of absenteeism and tardiness is a very large blemish on an otherwise acceptable work record. Though the Board finds Claimant's behavior unsatisfactory, we have concluded nevertheless that his may not be an altogether unsalvagable situation. Thus, we are willing to accept the fact that the discipline before us is the first formal discipline imposed upon the Claimant in his eleven (J.1) years of employment with the Carrier and on that basis we shall view it as excessive in the instant case.

Although we are willing to give the Claimant another but last and final chance, this action by no means negates the Board's conclusion that Claimant's record of absenteeism and tardiness is just simply unacceptable and in the future shall not be tolerated beyond any reasonable length of time or beyond any reasonable extent. The Board cautions the Claimant to protect his employment with the Carrier from this time forward.
Form 1 Award sic. 8206
Page 3 Docket No. 8023
2-SPT-EW-`79

Claimant is to be reinstated to service without back pay, but with seniority and all. other rights unimpaired, as the time off attributable heretofore to his dismissal shall serve as the penalty for having violated Rule 810. Claimant's continued employment shall be predicated upon maintaining an acceptable work record especially with regard to absences and tardinesses.

NATIONAL RAILROAD ADJUST BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

By Av/~ -~s-. L,I

R semarie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 19th day of December 1979. i

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