Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8343
SECOND DIVISION Docket No. 8290
2-BBcRGW-FO-'80
The Second Division consisted of the regular members and in
addition Referee Higdon C. Roberts, Jr. when award was rendered.
Dispute: Claim of Emp7.oyes
( System Federation No. 10, Railway Employes'
( Department, A, F. of L. - C. I. 0,
Parties to Dispute: ( (Firemen & Oilers)
( Denver and Rio Grande Western Railroad Company
1. Under the current controlling Agreement, Mr. Charles A, Lucero,
laborer, Denver, Colorado, was unjustly dealt with when dismissed from
service of the Denver and Rio Grande Western Railroad Company, effective
November 18, 1977.
2. That, accordingly, the Denver and Rio Grande Western Railroad Company
be ordered to reinstate Mr, Charles A, Lucero to service vith full
seniority, payment for time lost including fringe benefits, and removal
of record of same from his personal file.
Firms:
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.
It is a well-established tenet that an employer has the right to expect
employees to report for work regularly and on time. Excessive absences and/or
tardiness is, under the agreement and through long practice, basis for discipline
up to and including discharge. The claimant was unquestionably guilty of such
excessive absenteeism. He was unable to offer any evidence of "just cause"
for his absences. He had been involved in an earlier investigation for the same
problem. The carrier had attempted help through the employee assistance
program, which the claimant had not completed. The carrier had also counseled
and advised claimant on munerous occasions concerning his absenteeism.
The carrier has obvious7~y expended considerable effort to correct claimant'.;
behavior, Even so, there is no evidence of progressive discipline - suspension
or a formal warning of potential discharge. I, therefore, find discharge an
excessive ,penalty and order claimant reinstated with seniority unimpaired, but
without compensation for time lost.
Form 1
Page 2
Attest: F.ttive Secretary
National Railroad Adjustment Board
Award No.
83+3
Docket No.
8290
2 -D8eRGW FO-
180
A W A R D
Claim sustained in accordance with the findings
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
o rie Branch - Administrative Assistant
Dated a hicago, Illinois, this 21st day of Icy,
1980.