F orm 1 NATIONAL RAILROAD ADJUSTMENT
BOARD
Award No.
8722
SECOND DIVISION
Docket No.
8670
2-SLSW-FO-181
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
1. That under the current Agreement Laborer, D. L. Smith, was unjustly
dismisses from the service of the St. Louis Southwestern Railway Company
on July
16, 1979.
That accordingly, the St. Louis Southwestern Railway Co., compensate
Laborer, D. L. Smith at the pro rata rate of pay for each work day beginning
July 16, 1979, until he is reinstated to service and in addition to
receive all benefits accruing to any other employee in active service,
including vacation right and seniority unimpaired. Claim is also made
for Laborar, D. L. Smith, for his actual loss of payment of insurance
on his dependents and hospital benefits for himself, and that he be
made whole for pension benefits including Railroad Retirement and
Unemployment Insurance, and in addition to the money claimed herein,
the Carrier shall pay Mr. Smith an additional sum of
6%
per annum
compoundea annually on the anniversary date of said claim.
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 Divisicxi of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was classified as
a
Laborer and assigned to the Carrier's Locomotive
Plant at Pine Bluff, Arkansas. According to the Carrier, the Claimant was repeatedly
warned about his absenteeism and just as often promised improvement, to no avail.
His continuing non-availability for duty prompted a study of his absenteeism
record which revealed that from October
16, 1978
through May
5, 1979,
the Claimant
was off-duty 32°% of the time, such absences ranging from 10% to as much as
75%0
of the time availatle to be worked in any given month during this period. The
Carrier also cite;; the statistic that thirteen (13) such absences occurred on
the day before his scheduled rest days and that twelve (12) such absences occurred
on the day immediately post such rest days. According to the Carrier, the majority
of such absences were for "upset stomach" or "stomach virus" for which visits
to the doctor was apparently unnecessary, until the charge letter was issued,
Form 1
Page 2
Award
No.
8722
Docket
No.
8670
2-SISW-FO-181
after which time the Claimant produced a physician's statement to the effect that
he was receiving a reaction to working with certain cleaning materials with which
he had to work. The adverse affect was that of a skin rash. An investigation
was held and, as a result, the Claimant was dismissed for violating Rule 810 and
specifically his continued failure to protect his assignment.
The Organization contends that the Claimant's absences resulted from an allergic
reaction to a particular soap. The Board does not presume to possess the expertise
to adjudge cause/effect relationships of chemical reactions, but it cannot overlook
the showing that the Claimant's absences spanned a broad range of circumstances,
including his dislike for working third shift. We are also unable to ignore the
timing of the presentation of the allergy coming as it did after the Carrier's
inclination to consider termination was made known. We find a lack of showing
by the Organization that the Claimant's "allergic condition" was the cause of his
intolerable record of absences. In sum, we find no basis to disturb the Carrier's
disciplinary action in this case.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjusi=nt Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
/ L~-~`v
~~- semarie Brasch - Administrative Assistant
Date at Chicago, _llinois, this 27th day of May,
1981.