F orm 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No.
8796
SECOND DIVISION Docket No.
8680
2-CR-FO-181
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
International Brotherhood of Fireman & Oilers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
R. L. Hunter, Firemen & Oiler, Fort Wayne Diesel Terminal, Fort Wayne, Indiana,
Consolidated Rail Corporation, was unjustly dismissed for:
1. Leaving company property without permission on November 8,
1978
and on
November 28,
1978.
2. Excessive absenteeism.
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 R. L. Hunter was a laborer at carrier's Fort Wayne Diesel Terminal. He
was discharged from service on December
15, 1978,
for leaving company property on
two occasions without permission and for excessive absenteeism.
A review of the record reveals that claimant was afforded a full and fair
hearing and received all substantive and procedural rights required by agreement.
That record also reveals that claimant did leave the company property on November
8
and 28,
1978,
without permission or informing anyone of his whereabouts. It also
reveals that claimant left work early on many occasions and that he had been counseled
previously about his attendance record.
This Board has repeatedly commented on the detrimental effect of absenteeism
upon the operation of the railroads. We need not do so again in this award.
Suffice it to say that at this stage in the Board's history and given the level of
sophistication present in railroad labor relations, all railroad employes should be
aware that if they do not report for work on a punctual and regular basis, they will
be subject to discipline. In the instant case, carrier chose to terminate claimant.
This Board sees no reason why that action should not stand.
Form 1 Award No. 8796
Page 2 Docket No. 8680
14000
2-CR-FO-181
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMNT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
yogebarie Brasch - Administrative Assistant
Dated atChicago, Illinois, this 28th day of October, 1981.