Form 1
NAT1nNA1, RAILROAD ADJUSTMENT
BOARD Award No.
888+
SECOND DIVISION
Docket
No.
88+1
2-CR-FO-182
The Second Division consistW of the regular members and in
addition Referee Elliott M. Abramson when award was rendered.
International Brotherhood of Firemen and Oilers
_Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Firemen & Oiler George A_
Dougherty was unjustly dismissed from service of the Carrier on
February
27, 1978.
2, That, accordingly, the Carrier be ordered to make the aforementioned
George A. Dougherty whole by reinstating 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%) per cent 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 ell
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, a laborer, whose seniority date is March 24,
1975, was
dismissed from service in all capacities on February
27, 1979
due to alleged
excessive absenteeism.
At the February
13, 1979
Investigatory Trial the Carrier's contention that
the Claimant was excessively absent from his job between March
28, 1978
and
December
28, 1978,
inclusive, and that he failed to complete his eight hour tour
of duty on twenty five occasions between April
3, 1978
and December
22, 1978,
inclusive, were substantiated by presentation of a computer run-off taken off
daily time cards. Claimant did not present any like, substantial evidence in
refutation of Carrier's documentary evidence of explained absences. Statements
by the Claimant to the effect that he left the job early on certain days because
he was sick or because a machine he used do his work had broken down so that
there was no work which could be done, were unsubstantiated and self serving.
Form 1 Award No.
888+
Page 2 Docket No.
88+1
2-CR-PO-182
The Board also notes that this Claimant had received a prior discipline far
unexplained absences.
In
1976
he received a reprimand for absences unknown.
He also was suspended, for thirty days, .for unknown absences during the period
September
1976
through January 1977.
Unexplained absences signal disregard of a serious approach to employment
responsibilities and make
it difficult
for the Carrier to operate safely and
efficiently. A Carrier certainly can't operate effectively if employees feel
free to leave their positions for n~,~ good reason. Additionally, the Board also
notes that prior disciplinary measures meted out to Claimant do not seem to have
produced the desired remedial. effect_
A W A R D
Claim denied.
NATTONAh RAII1t0AD ADJUSTMENT BOARD
By
order of Second Division
Attest: Executive Secretary
National Railroad
Adjustment
Board
By
semarie Brasch - Ad:7 Assistant
Dated(at Chicago,
Tllivois, this
27th day of January,
1982.