Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 8632
SECOND DIVISION Docket No. 8395
2-CR-BM-181
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered,
( International Brotherhood of Boilermakers, Iron
( Ship Builders, Blacksmiths, Forgers and Helpers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That Boilermaker T. J. Picciano was improperly dismissed from service.
2. That accordingly the Carrier be ordered to reimburse the aforementioned
Boilermaker with all seniority rights unimpaired, all lost wages,
Vacation and Holiday pay, Health and Welfare and Life Insurance now in
effect and any additional benefits that may be negotiated as a result
thereof, until he is restored to 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 T. J. Picciano was dismissed from carrier's service for excessive
absenteeism. He was absent from his position at carrier's Collingwood diesel
terminal on June 16, 17, 18, 19 and 20, 1978, without permission or without
reporting off. Claimant was not present at the hearing into the charges, but was
duly notified about it and was, according to the record, aware of the time and place
where it was to be held.
The organization mounted a noble effort on behalf of claimant in this case,
but this board is not persuaded that claimant should be returned to service.
From the record, it is clear that claimant was absent from work without permission
during the period from June 16, 1978 to June 20, 1978. This, in itself, is a
punishable offense. When it is viewed in relation to claimant's past record, it
is more than sufficient to justify claimant's dismissal from service.
Form 1
Page 2
Award No. 8632
Docket No. 8395
2-CR-BM-181
On many occasions, this board has commented on carrier's right to expect
employes to report for work on.a regular basis and on the requirement that
employes maintain regular attendance. Claimant has been disciplined several times
for excessive absenteeism. This is just one more in a long line of similar
events. Carrier has not acted improperly in dismissing claimant.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIGNAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
osemarie Brasch - Adminis restive Assistant
Dated at Chicago, Illinois, this 25th day of February,
7.981.