Form 1 NATIONAL RAILROAD ADJUSTMZT BOARD Award No. 8225
SECOND DIVISION Docket No. 8054
2-h&N-CM-'60

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 h. - C. I. 0. .

Parties to Disvute: ( (Carmen)

Louisville and Nashville Railroad Company

Dispute: Claim of Emplaes

1. That Upgraded Carman Apprentice B. C. Johnson was dismissed from service

in violation of the current agreement on June 13, 1977, and

2. Accordingly, the Louisville and Nashville Railroad should be ordered to

(a) Restore him to service with seniority and all employee rights unimpaired.

(b) Compensate him for all time lost as a result of his dismissal ~,i.th interest at the rate of 61% per annum on all money due him, and

(c) Pay premiums for his hospital, surgical, medical, group life insurance and supplemental sickness benefits for the entire tire: he is ·e-thheld from service.

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 end employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction o ~y·1:iswwt . involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant, Barry C. Johnson, an Upgraded Carman Apprentice at Carrier's South Louisville Shops, Tvws dismissed from service of the Carrier on June 13, 2_977, following an i nvestigation held on May 12, 1977, in which C1 aizrant was adjudgee: guilty of being absent from duty -rarithout permission on I4ay 2 and 3, 1977; f ailure to perform any service on l%ilay 4, 1977, after answering ro11 cal I; refusal to comply with instructions given by his Foreman; and leaving Company property without permission.

Upon a careful and thorough examination of the record., we _"in d nothing imp.~oper

with regard to Carrier having ; conducted the inrcst-IL.-rat-ion?-~tr, Claimant -n absentia.
Claimant was given ,proper notification of the Learinas to the: date, time, and
place and was aivised of his rights regarding- vritnesses and representation. For
Form 1 - Award No. 8225
Page 2 Docket No. 8054

2-Ls-Cll- · 8o

whatever reasons, Claimant chose r,_,t to attend the hearing nor to advise either the Organization or the Carrier in advance of the scheduled hearing date that he would be unable to attend. We believe therefore, the Claimant received a fair and impartial investigation.

Facts developed in the investigation reveal that, in addition to the specific charges alleged in the instant case, in the tune Claimant was employed with the: Carrier he had established an extremely poor absenteeism and tardiness record. Evidence of record further reflects that on several occasions over the time of Claimant's employ, the Carrier attempted to rehabilitate Claimant through counselling and written warnings advising haze to improve his attendance and to stay on his assigned job or face more drastic action if such improvement vas not forthcoming. These warnings went unheeded thus leading to Claimant's eventual dismissal from service.

Evidence of record sunstantially supports the charges against Claimant and we note fw::,th,~r. C~a.>a,:.:..:5j ~. ~- :era admission regarding his wrongful actions on the dates in question. We sympathize with Claimant's constellation of personal problems experienced at the time precedent to and subsequently following his dismissal from service. These problems were not knoTrm to the Carrier at the brie and were only revealed approximately ten (10) rqcnths after Claimant's dismissal. However, such personal problems cannot be allowed to mitigate in any way the discipline imposed in the instant case as the record clearly shmrs Claimant had exhibited a pattern of absenteeism and tardiness wholly unacceptable prior to the onset of these particular personal problems.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJG"STP=T BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

,~ R semarie Brasch - Administrative Assistant

Dated ~t Chicago, Illinois, this 16th day of January 1980.