Form 1 NATIONAL RAILROAD AoJUSTMENT BOARD Award No.
8F371+
SECOND DIVISION Docket No. 8539
2-MP-FO-'82
The Second Division consisted of the regular members and in
addition Referee Francis X, Quinn when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Missouri Pacific Railroad Company
Dispute: Claim of Employ es:
1. That Laborer, E. L.
Johnson, was
unjustly dismissed from the service of
the Missouri Pacific Railroad Company on May 11, 1978, on alleged charge
of failure to properly protect his assignment Saturday, April 22, 1.978
and Saturday, April 29, 1978, violation of Paragraph 5 of Condition of
Employment,
2. That accordingly, the Missouri Pacific Railroad Company compensate Laborer,
E. L. Johnson, for all time lost, and in addition to receive all benefits
accruing to any other employee in active service, including vacation rights
and seniority unimpaired. Claim is also made for Laborer, Eo L. Johnson,
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 additior.
to the money claimed herein, the Carrier shall pay Mr. Johnson an aclcl3t~i
.
sum of h°/ per annum compounded 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 Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On April 22 and April 29, 1978, claimant was assigned to work with a machinist
who serviced locomotives working in Carrier's hump yard at North Little Rock. His
start time on both dates was 6:00 A.M.
Claimant had been employed by Carrier for approximately 18 months.
Claimant was absent from his assignment on April 22 and 29, 1978. On April 2:2,
he did not contact his foreman or general foreman to secure permission to be absent
and gave no reason why he could not have done so. On April 29, Claimant called in to
secure permission to be off at 7:20 A.M., one hour and twenty minutes after the
start time of his assignment. He gave no reason for the delay in calling. He was
granted permission to be off tj attend to his daughter whom he alleged that he had
Form 1
Page 2
Award No.
887+
Docket No. 8539
2-MP-FO-'82
taken to the emergency room of St. Vincent Hospital. A check of St. Vincent Hospital
Emergency Room made immediately after Claimant's phone call disclosed no evidence
that Claimant was at or had ever been at St. Vincent Hospital Emergency Room. Also,
a check of all other area hospitals was made. Again, there was no record of
Claimant's having had any transaction at any area hospital. Claimant offered no
proof that he or his daughter had been present at St. Vincent Hospital or any other
area hospital on April 29, 1978.
The record indicates that Claimant was absent from his assignment without the
permission of his super-visors on April 22 and 29, 1978.
This
finding, coupled with
Claimant's short term'-of service, poor attendance record and numerous warnings about
same, and his prior suspension for sleeping while on duty, led to Claimant's
dismissal.
The guiding principles governing review of disciplinary proceedings have been
stated in anaray
awards;
e.g., Award 6196, of the Second Division, National Railroad
Adjustment Board.
Claimant's poor attendance and work habits had been the subject of three
conferences and 16 letters from supervision.
Claimant's record as a relatively new employee evidenced little regard for his
responsibilities. His absence without authority warranted his dismissal. His
dismissal was not arbitrary or capricious:.
Based on the record, we must conclude this claim is without merit.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
1ATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
rie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this
27th
day of January,
1982