Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8401
SECOND DIVISION Docket No.
8138
2-L&N-CM-' 80
The Second Division consisted of the regular members and in
addition Referee Abraham Weiss when award was rendered.
( System Federation No.
91,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That Carman Helper James Rockett was dismissed from service in
violation of the current agreement on June
30, 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
with interest at the rate of
6%o
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 time:
he is withheld 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 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 was dismissed on June
30, 1977
on the grounds of excessive absenteeism
and tardiness, after being in Carrier's employ for approximately 10 months.
During the first seven months of his employment, Claimant was absent or tardy
about
30
percent of his regularly assigned workdays.
Supervision had twice met with Claimant in the present of the Organization's
Local Chairman and counseled Claimant on his attendance record, advising him of
the necessity to improve his attendance. His immediate supervisor had also talked
to him informally concerning his lateness and absences. Although Claimant
Form 1
Page
2
Award No. 8401
Docket No.
8138
2-T,&N-CM-' 80
promised to do better, his record showed little improvement; in the month
following the second meeting with supervision he was absent or late on 11 days.
Although Claimant complained of back problems, a medical examination disclosed
that he was physically able to perform his work. He admitted during the hearing
that his attendance record was "deplorable".
Although Petitioner charged that Claimant had not received a fair and
impartial hearing, we find on the basis of the record before us that such charge
was not substantiated.
Claimant was warned on several occasions, formally and informally, to better
his attendance record. The nwnber and frequency of his absences and tardiness
during his relatively short period of employment with this Carrier indicate a
flagrant disregard of the duty of regular attendance. He was given an opportunity
to correct his ways, but he continued to be unreliable in reporting for work on
time, much less report at all. The record clearly warranted the Carrier's
terminating Claimant's service and dismissing him for excessive absenteeism and
tardiness, and we will so rule.
AWARD
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RATMOAD ADJUSTMENT BOARD
By Order of Second Division
By
R semarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this
23rd day
of July, 1980.