Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
88851
SECOND DIVISION Docket No. 9021
2-WT-CM-'82
The Second Division consisted of the regular members and in
addition Referee Clarence H. Herrington when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute:
( and Canada
(
( Washington Terminal Company
Dispute: Claim of Employee:
1, That the Washington Terminal Company improperly suspended Car Repairmen
W. McCullough for three (3) days as a result of an investigative hearing
held September 26, 1979. This action is in violation of rules 18 and 29.
2. Mr. McCullough should be made whole, in line with rules 18 and 29. The
Washington Terminal Company should be ordered to compensate Mr. McCullough
for his net wage loss caused by this unjust suspension and for any other
loss he may have been caused to suffer due to Carrier's miscarriage of
justice.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employs or employee involved in this dispute
are respectively carrier and employs 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 was given a three day suspension from service as a result of an
investigation held on September 26, 1979, on the following charges:
"Excessive Loss of Time from Duty during the month of
August 1979 as follows:
August 1979 - 1, 2, 3, 16, 17, 18, 19 and 31."
After a thorough examination of the record, the Board finds that the Claimant
received a fair and impartial investigation and there was little or no evidence
to contradict the Carrier's charge that the Claimant's attendance record was
unsatisfactory. There is no evidence that the Claimant was "discriminated .against".
The record reflects Claimant was given a reprimand for excessive loss of tine: during
May, 1979.
The Board has held on numerous occasions that the employer has a right to
expect regularity in attendance. There are no mitigating circumstances in this
case to modify this general principle.
Form 1
Page 2
Award No.
8889
Docket No. 9021
2-WT-CM-'82
The Board finds no basis to question the three day suspension penalty which
was imposed.
Claim denied.
Attest: Executive Secretary
A W A R D
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
~eAa
rie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 27th day of January,
1982,