Form 1 NATIONAL RAILROAD ADJUSTMENT
BOARD Award No.
8769
SECOND DIVISION Docket No.
8608
2-BN-CM-'81
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Burlington Northern Railroad Company
Dispute: Claim of Employes:
1. That under the current Agreement Mr. J. J. Martineau, Carman, was arbitrarily,
capriciously and unjustly dismissed on September
18, 1978,
from the service
of the Burlington Northern, Inc. at Minneapolis, Minnesota.
2. That accordingly, the Burlington Northern, Inc. be ordered to compensate
the aforementioned carman eight
(8)
hours pay for each workday at the prorata rate commencing September
18, 1978,
and continuing until he is
reinstated to the Carrier's service; that seniority, job protection
benefits, vacation and pass rights be unimpaired and all other benefits
accruing employees in active 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 J. J. Martineau, a carman, was assigned to carrier's Northtown Yard in
Minneapolis, Minnesota. On August 10,
1978,
he called in to report off, account
trouble with his truck. Claimant's foreman took the call and told claimant that he
could not spare him. He was told to report for work at
4:15
P.m.; claimant's normal
starting time was 3:00 p.m.
Claimant agreed that he would report for work, but did not report in or call in
again to explain why he was absent. Carrier thereupon charged claimant with failing
to protect his assignment and scheduled a hearing into the matter on August 31,
1978.
He was found guilty as charged and dismissed from carrier's service.
Form 1 Award No.
8769
Page 2 D2ocketCMNo.
8608
VW
The transcript of that hearing is a part of the record of this case. A review
of that record reveals that claimant was afforded a full and fair hearing, and
granted all procedural and substantive rights required by agreement.
Claimant was discharged from carrier's service for failing to protect his
assignment on August 10,
1978.
The record of this case clearly reveals that he did,
in fact, fail to report for work on that day. It also reveals that despite the fact
that claimant's truck was not running, there were numerous other ways that he could
have gotten to work. He did not choose, however, to make this effort. In fact,
af_-er his truck was fixed, he did not come to work. This lack of concern by claimant
and his failure to appear for work on August 10 are certainly grounds for discipline.
Normally, these actions would not be grounds for permanent separation from
carrier's employ. But this is not the first time that claimant has been disciplined
for absenteeism and unauthorized absences. He has been disciplined on four previous
occasions. He was suspended twice for absenteeism and dismissed from service on
July 11, 1977,
for being absent from duty without authority. He was reinstated by
carrier on a leniency basis on October
31, 1977.
He was counseled for absenteeism
on April
5, 1978,
and May
3, 1978.
Carrier has made an admirable effort to impress claimant with the need to
appear at work on a regular basis. He has not responded to this effort. By his
actions on August 10, he demonstrated a lack of concern for his job. This need
not be tolerated by carrier. This Board has commented in numerous awards on the
need for employes to maintain regular attendance in the railroad industry. We see
no reason to again state the obvious.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
BY
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 30th day of September,
1981.
NATIONAL RAIIdtOAD ADJUSTMENT BOARD
By Order of Second Division