Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8462
SECOND DIVISION Docket NO.
8400
2-C&NW-CM-' 80
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood Railway Carmen of the United
( States and Canada
Parties to Dispute:
(
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. Freight Car Welder Derrick Watson was unjustly assessed sixty (60) days
suspension on July
13, 1978.
2.
Freight Car Welder Derrick Watson was erroneously charged with being
absent on June
16, 23,
and
26, 1978,
and with being tardy on June
19
and 28,
1978.
3.
That the Chicago and North Western Transportation Company be ordered
to compensate Freight Car Welder Derrick Watson for all wages lost
during the time he was unjustly withheld from service, plus
6%
annual
interest on all lost wages, as per Rule
35.
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.
Derrick Watson, Claimant in this case, is employed on the 8:00 a.m. to x+:40
P.M.,
shift as a freight car welder at carrier's California Ave. passenger car facility
in Chicago, I11. He was charged by carrier with having a poor attendance record,
specifically being absent on June 16,
1978,
tardy on June
19, 1978,
absent on
June
23, 1978,
absent on June 26,
1978,
and tardy on June
28, 1978.
An investigatory hearing was held in the matter and a transcript of that
hearing has been made a part of the record of this case. A review of that
transcript reveals that claimant was not denied any of his contractual, substantive
or procedural rights and that he was offered a full and fair hearing in the
matter. At the conclusion of the hearing, carrier assessed a 60-day suspension,
based on claimant being found guilty as charged and his past record of absenteeism
and discipline.
Form 1
Page 2
Award No. 8462
Docket No. 8400
2-C&NW-CM-' 80
After a review of the total record of this case, this board finds no basis
for upsetting carrier's action. The board's position on regular attendance and
punctuality at work is clear. The number of cases wherein this board has upheld
discipline for absenteeism and chastized employees for not attending work on a
regular and prompt basis are too numerous to mention and are well known to
every carrier and organization in this industry. Our position on excessive
absenteeism need not be restated again in this award.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
By _ /
semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 8th day of October, 1980.