Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8568
SECOND DIVISION Docket No.
8568
2-BNI-FO-'81
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( International Brotherhood of Firemen & Oilers
(
Parties to Dispute:
(
( Burlington Northern Inc.
Dispute: Claim
of
Employes:
1. Under the current controlling Agreement, Mr. L. C. Wiggins, laborer,
Denver, Colorado, was unfairly dealt with when suspended and dismissed
from service effective December 21,
1978,
of the Burlington Northern, Inc.
2. That, accordingly, the Burlington Northern, Inc. be ordered to reinstate
Mr. Wiggins to service with seniority rights, vacation rights and all
other benefits that are a condition
of
employment, unimpaired, with
compensation for all ti=ne lost plus
65"
annual interest; reimbursement
of all losses account loss of coverage under Health and Welfare and
Life Insurance Agreements during the tine held out of service; and the
mark removed frc-, his record.
Findings:
The Second Division of the Adjustment Board, upon the whole record and ail 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.
C1,417ant, a roundhouse laborer, was dismissed from service after a hearing
held on December 4, 1970. By proper notice dated November
28, 1978,
clam,:ant ~.; :s
charged with continued absence without proper authority for the period from November
7, 1:7`~ to
_soY
er.~.ber %?0 , 1q7u. C 1.
investigsLion.
The crz aniz anon urses us to
rep. :,t~.t~
the. c? . :..- ._ .. ..:_t'? f..?1 b_.,...
r.
all benefits i~1iz::-aaired because the claimant was allegedly absent with a valid
medical excuse. The
carrier,
asserting that it in,-nosed discipline in a reasonable
fashion,
nr.Xes t!i~t
t1-~ roe .--' _. . . ~t-.-~i.~1 evidence showing the clair_ant
Form 1 Award No.
8568
Page 2 Docket No.
8568
2-BNI-FO-'8 1
Rule
665
states:
"Employees must report for duty at the designated
time and place. They must be alert, attentive and
devote themselves exclusively to the Company's
service while on duty. They must not absent them-
selves from duty, exchange duties with or substitute
others in their place without proper authority."
(Emphasis Added
The evidence clearly demonstrates that the claimant was absent during the three
week period from November
7, 1978
to November 28,
1978
and that he failed to report
his absences to the designated foreman. The only evidence proffered at the
investigation concerning a possible medical excuse indicated not that the claimant
was unable to work but rather that the claimant had actually been given a medical
release to return to work as of November
7, 1,78.
The record is incomplete in this
regard solely due
to
the claimant's inexplicable and unjustifiable failure to
appear at his own investigation. The carrier lm.d previously warmed the claimant
that
his
continued absence without proper permission could result in the imposition
of
discipline including discharge. When an employee is expressly warned to improve
his attendance record, he must do so or face the consequences. Second Division.
Award
r;o. 77060
(~,Teiss).
Looking at the record as whole, claimant
has
shown that he is an undependable
employe who has acted in total disregard of the carrier's need to maintain rorn_aI
railroad operations. Excessive failure to report for duty forces the carrier to t,:i:`
extraordinary measures to alleviate the disruption caused by the absences. Second
Division Award No.
7603
(Weiss). Even if the claiinant had ^, valid medical excuse,
he was still under an obligation to timely report his problem to the carrier.
Second Division Award No.
5115
(N,srx). 1~ider the circumstances, a three wee,:
abs`nce %.:it':cut tendering a proper medical excuse is a serious offense. Thus,
we will not disturb the carrier's judrg:ment that dismissal was warranted.
There. are
no mitigating considerations to support
a
redL,,ct-_o:z in ti:e i enalty.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secret-ary
National Railroad Adjustment Board
By l ._."r__
_ _'__
y
Dated at Chicago, Illinois, this 7th day of January,
1981.