Form 1 NATMNAL RAILROAD ADJUSTMENT BOARD Award No. 8828
SECOND DIVISION Docket No. 8778
2-B8o0CT-CM-' 81
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
Brotherhood Railway Carmen of the United States
Parties to Dispute: ~ and Canada
Dispute: Claim of Employes:
Baltimore and Ohio Chicago Terminal Railroad Company
1. That as a result of an investigation held on Thursday, April
5,
1979,
Carman Gerald J. Cyr was suspended from the service of the Baltimore &
Ohio Chicago Terminal Railroad Company for thirty 30) calendar days.
Suspension was effective May
8,
1979 through June ~, 1979, inclusive.
Said suspension of Cayman Cyr is in violation of Rule 6,
14
and 26 of
the current working Agreement as well as being arbitrary, capricious,
unjust, unreasonable and unfair.
2. That, the Baltimore and Ohio Chicago Terminal Railroad Company, be
ordered to compensate Cayman Gerald J. Cyr for eight
(8)
hours pay at
the pro rata rate for each and every work day that he was suspended
and that his record be cleared of said suspension.
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 aver the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The claimant was employed at Carrier's Chicago, Illinois, Railway Terminal.
He had been in Carrier's service in excess of 28 years. On April 15, 1979, he was
given an investigation on charge of excessive absenteeism from his assignment
on the following dates:
October
30,
1978 - no report
November
6,
1878 - absent
November 7, 1978 - no report
November 8, 1978 - no report
November 20,1878 - no report
December 8, 1878 - no report
January 2, 1878 - no report
February 12,1879 - no report
February
13,1g'j`9
- no report
February 26,1879 - no report
February 27, 1979 - no report
February 28, 1979 - no report
March 1, 1979 - absent
March 2, 1979 - absent
March 26, 1979 - no report
March 27, 1878 - no report
March 28, 1879 - no report
March 29, 1878 - absent
Form 1
Page
2
Award No.
8829
Docket No.
8779
2-B&OCT-CM-'81
In other words, during the period October
30, 1978
through March
29, 1979,
he was absent 18 days.
Invie.~tigation was conducted on April
5, 1979,
and a copy of the transcript
has been made a part of the record. We have carefully reviewed the transcript
and find that none of claimant's substantive procedural rights was violated.
The investigation was conducted in a fair and impartial manner.
From our review of the record, we are of the opinion that some of claimant's
absences were justified, such as the wedding of his daughter and the visit of
his son military service, but he should have contacted his superiors.
The Board .finds that discipline was warranted, but considering his 28 years
of service, thirty days actual suspension was excessive. We will award that the
discipline be reduced to twenty days actual suspension and that claimant be paid
for time lost beyond the twenty days actual suspension, pay to be computed in
accordance with Rule 37(a). Claimant should understand, however, that it is his
obligation to take care of his job, and that his work attendance record must
improve.
A W A R D
Claim sustained to the extent indicated in Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
o emarie Brasch - Administrative Assistant
Dated Chicago, Illinois, this 2nd day of December,
1981.