Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8721
SECOND DIVISION Docket No. 8667
2-MP-FO-'81
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute
: (
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That Laborer Robert Taylor was unjustly dismissed from service on
January 16, 1979.
2. That accordingly, the Missouri Pacific Railroad be ordered to reinstate
Laborer Robert Taylor to service immediately, with pay for all time lost,
plus 6% annual interest, restoration of full seniority rights, vacation
rights, and all other benefits that are a condition of employment. Also,
reimbursement of all losses sustained account loss of coverage under
Health and Welfare and Life Insurance Agreements during the time held out
of ser7ice.
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.
The record of this case shows on January 1, 1979, the Claimant left his
assignment as a Laborer without permission or explanation and did not return. By
letter dated JFnuary 9, 19799 the Claimant was notified to report for an investigation
on January 16 on such unacceptable action; receipt of the Notice was taken by a
Bertha Taylor on January 11, 1979. The Claimant failed to appear at the investigation
on January 16, 1979, and except to file the claim in this case, has offered no
indication as to the basis for his absence.
We are sati~;f ied that the Carrier met its obligations to notify the Claimant
of the investigation. Further, the silence of the Claimant after leaving the job
and post the investigation -- except for filing a claim -- augurs to his detriment.
It is a basic principle that an employee must be available for duty or give reason
otherwise. It is also basic that a disciplinary action once taken which lacks an
appearance of error and which is unrefuted by the affected employee, stands as
correct and proper. This principle fits squarely on this situation and we find
no error in the Carrier's action.
F orm 1 Award No. 8'72 1
Page 2 Docket No. 8667
2-MP-FO-'81
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
0marie Brach - Administrative Assistant
Dated t Chicago, Illinois, this 27th day of May, 1981.