Forth 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 871PS
SECOND DIVISION Docket No. 8808
2-CR-FO-'81
The Second Division consisted of the regular members and in
addition Referee David H. Brown when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer F. Shields was
unjustly suspended and dismissed from service of the Carrier following
a trial held on March
7, 1979.
2.
That, accordingly, the Carrier be ordered to make the aforementioned
F. Shields whole by restoring him to Carrier's service, with seniority
rights
unimpaired, made
whole for all vacation rights, holidays, sick
leave benefits, and all other benefits that are a condition of employment
unimpaired, and compensated for all lost time plus ten (10°%) percent
interest annually on all lost wages, also reimbursement for all losses
sustained account of coverage under health and welfare and life insurance
agreements during the time he has been held out of 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.
At a trial held on March
7, 1979,
pursuant to proper notice issued to Claimant,
Mr. Shields was found to have been absent from his job without authority on the
following dates:
January
2, 3, 5,
8,
9s 10, 15, 16, 17,
18,
19, 22, 23, 25,
26, 29, 30, 1979
and February
5,
8 and
9, 1979.
Mr. Shields claimed that he was sick during the first two weeks of January and
was thereafter unable to get to work because of the excessive snow on the ground
during such period. Prior to his trial he had not claimed illness during any of the
time off from work.
Form 1 Award No. 87443
Page 2 Docket No. 8808
2-CR-FO-181
We have studied the record and must conclude that Claimant was given a fair
trial and that his termination was justified. Although he had been working for
Carrier only three years and seven months, Mr. Shields had been disciplined twice
previously for excessive absenteeism and once for leaving work without permission.
Carrier is entitled to employees with a stronger sense of duty than that demonstrated
by Mr. Shields.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 26th day of August,
1981.