C:\AWARDS\OUT\2-08227.htm

Form 1 NATIONAL RAILROAD ADTUTSTME'T BOARD Award No. 8227
SECOND DIVISION Docket No. 8062
2-N&W-CM-'80

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

( System Federation No. 16, Railway Employes'

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

Parties to Dispute: ( (Carmen)

(

( Norfolk and Western Railway Company

Dispute Claim of Employes

1. That the Carrier violated the Agreement of September 1,

1949,

as subsequently

amended when on June 14,

1977

Car Repairer, C. R. Humphreys was given a

formal investigation for charges of excessive absenteeism and tardiness

resulting in unreasonable and capricious assessment of dismissal- from

the service of the Norfolk and Western Railway Company.

2. That the investigation was improperly arrived at and represents unjust treatment within the meaning and intent of Rule No.

of the controlling agreement.

That because of such violation and capricious action Car Repairer,

C. R. Humphreys, be made whole, restored to Carriers service, with a?..1

seniority rights, vacation rights, Hclidays. sick leave benefits, and all

other benefits that are a condition of erlplo~rnent unimpaired and

ecxnpensated for all lost time e'.us

annual in-'oeres t on all such lc>:s

time and all such lost wages, also reimbursement for x.11 losses suss%ined

account loss of coverage, under Health and Welfare, Life Insurance

Agreements during the time held out of service, beginning July 12,

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, C. R. Humphreys, a Car Repairer employed at Carrier's terminal facility located at Portsmouth, Ohio, T~ras dismissed from service of the Carrier on July 12, 1977, following an investigation held on June 14, 1977, in which he was charged with and adjudged guilty of excessive absenteeism and tardiness. Upon a thorough examnation of the record, we find, among other things, that Claimant received a fair and impartial investigatory hearing. In so finding, we render as invalid and thereby dispose of the mV riad nunber of technicalities raised by the organization with regard to the handling of the claim on the property and the manner in which the investigation was conducted. Form 1 _ Award No. 8227 Page 2 Docket No. 8062
2-N&W-CM-'80 The evidentiary record in the instant case is strong and clear, and shows that Claimant has, since his inception into the service ox" the Carrier, established a pattern of absenteeism and tardiness that not only is wholly unacceptable but obviously cannot be corrected by Claimant. In the past, Claimant has been counseled and warned repeatedly about his absenteeism and tardiness, and was given a previous investigation regarding his poor record of attendance. The Board notes that these corrective actions taken by the Carrier over the last several years has gone unheeded by the Claimant. We further find the factual evidence presented by the Carrier regarding Claimant's record of poor attendance as having been unrefuted by the Organization was unable to counter Carrier's position by a showing of any mitigating circuis tances. We can arrive at no other conclusion than to view an absenteeism rate of 32.5,1 over a six (6) month period as indeed excessive, unreasonable, unsatisfactory, and therefore unacceptable. Finally, we view the Carrier's actions with regard to the discipline imposed as having been neither arbitrary, capricious, discriminatory, or excessive and therefore we will not substitute our judgment for that of the Carrier in the instant case. Based on the merits of the case and the preponderance of the evidence, we find the Claimant guilty of excessive absenteeism and tardiness.

A W A R D

Claim denied. NATIONAL RAILROAD ADJUSMTNT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board V` -_Rosemarie Brasch - A.drinistrative Assistant Dated dt Chicago, Illinois, this 16th day of January 1980.