Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8216
SECOND DIVISION Docket No. 8028
2-L&.N-F 0-' 80

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

( System Federation No. 91, Railway Employes'

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

Parties to Dispute: ( (Firemen & Oilers)

(

( Louisville & Nashville Railroad Company

Dispute: Claim of Employes:

1. That under the Current and Controlling Agreement Transfer Table Operator

W. H. Porter was unjustly dismissed from the service of the Louisville

and Nashville Railroad Company, October 6, 1977, after a formal investiga

tion was held in the office of F. L. Miracle, Asst. Manager, Motive Power

Shops, on September 9, 1977.

2, That accordingly, W. H. Porter, Transfer Table operator, be restored to

his regular assignment at South Louisville Shops with all seniority

rights unimpaired, vacation, health and welfare, hospital and life

insurance be paid and compensated for all lost time, effective

October 6, 1977.

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.

Claimant, W. H. Porter, Transfer Table Operator at South Louisville Shops, was dismissed from the service of the Carrier on October 6, 1977 following a formal investigation held September 9, 1977. Claimant was charged with excessive absenteeism including tardiness on August 8, 10th and 11th, 1977, after being warned five (5) times to protect his assignment.

Upon a thorough examination of the record, the Board concludes the Claimant

received a fair and imgirtial investigation in strict accord with Rule 32, the
applicable discipline rule contained in the Controlling Agreement effective
June 1, 1942 as amended through March 1, 1968. The Board finds the evidence
overwhelmingly sUbstan'tial vith reard to Cl::.in.ant's very ncor attendance record
which ic· r,...:,..,wrized as a "the reasons o* aware, follows: 1 e..reasons forbeing .t. _~ tro__ .rk __. w~.re, car trouble ,
sJ.ck 15, late and no excuse 29, personal business 14, overslept 7, no reason but
reported off 5, did not report off 67 times." The record reflects Claimant was
afforded many opportunities in the past to improve his absentee record, but to no
avail.
Form 1 Award No. 8216
Page 2 - - Docket No. 8028
2-h&N-FO-'80

The Board reiterates its position as espoused in Second Division Award 6710 regarding an employee's obligation to protect the Carrier's service on the days he is assigned to work:

"Every employee has an obligation and a duty to report on time and work his scheduled hours unless he has good and sufficient reason to be late, to be absent, or to leave early. Those reasons must be supported by competent and acceptable evidence. No employee may report when he likes or choose when to work. No railroad can be efficiently operated for long if voluntary absences are condoned."

The Board is persuaded by the evidence showing Claimant's absenteeism and tardiness record to be wholly unsatisfactory and his effort to improve so deficient, that his dismissal from service of the Carrier zras entirely justified.

A W A R D

Claim denied.

NATIONAL RAILROAD AMUSTPETT' BOARD

By Order of Second Division

Attest; Executive Secretary
National Railroad Adjustment Board

i

By ~,.f~c
Rosemarie Brasch =-Administrative Assistant

Dated at Chicago, Illinois, this 9th d%y o° January 1980.