Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
834+
SECOND DIVISION Docket No.
8299
2-BNI-FO-t80
The Second Division consisted of the regular members and in
addition Referee Higdon C. Roberts, Jr. when award was rendered,
( System Federation No.
7,
Railway Employes'
( Department, A, F, of L, - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. Under the current controlling Agreement, Mr. Robertson, laborer,
Havre, P4ontana, was unjustly dealt with when dismissed from service
of the Burlington Northern, Inc. on April
18, 1978,
2, That, accordingly, the Burlington Northern, Inc. be ordered to reinstate
Mr. B. G. Robertson to service with all seniority rights unimpaired,
payment for all time lost including fringe benefits, and the mark
removed from his personal record.
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,
193+.
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 quite possible for anyone to be "unavoidably detained" in jail or
similar circumstances, and be innocent. It follows, then, that such absence
from work, under certain circumstances, does not automatically indicate
"excessive absence" and therefore, a basis for discipline. This case, however,
lacks the mitigating circumstances.
The claimant's father may have notified supervision of his son's absence,
however, there is no evidence in support of this contention offered by the
organization. Further, the organization never implied that the father requested
an "excused absence".
Our review of the record indicates that none of Claimant's substantive or
procedural rights were violated and that he was accorded a fair and impartial
hearing. There is no basis for us to disturb Carrier's discipline.
Form 1
Page 2
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
831+x+
Docket No. 8299
2-BNI-FO-18o
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By ~
o rie Brasch - Adminis rative Assistant
Dated t Chicago, Illinois, this 21st day of May, 1980.