Form 1 NATIONAL
RAILROAD ADJUSTMENT BOARD
Award No. 8923
SECOND DIVISION
Docket
No.
8537
2-CMStP&P-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:
( Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Employes:
1. Under the current controlling Agreement, Mr. Howard L. Jones, laborer,
Milwaukee, Wisconsin, was unfairly dealt with when dismissed from
service of the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company, effective August
3,
1978.
2.
"!hat,
accordingly, the Chicago, Milwaukee, St. Paul and Pacific Railroad,
Company, be ordered to reinstate Mr. Howard L. Jones to service with
full seniority, payment for all time lost and remove the record of
charge from his personal, file.
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.
The Claimant was charged with being late on two (2) days in June, 1978, i.e._
June
h-
and June
8,
for being absent on two days in June,
1978,
i.e., June 11 and
18, and for being away from his job assignment on June
15,
1978 between the
hours 7:10 A.M. and 8:30 A.M.
The Claimant has been repeatedly counseled with regard to his attendance
record but would not take the initiative to improve his record or take heed to
the warnings, particularly the last in which he was actually dismissed and then
subsequently reinstated on a leniency basis.
Referee McBxearty, in a similar case resulting in Award 73-8 of the Second
Division, said the following:
"When an employee is so consistently and habitually absent aver a
long period of time that his employment becomes a serious liability
rather than an asset, Carrier Ls entitled to terminate his service.
Award No.
8823
Docket No.
8537
2-CMStP&P-FO-'82
An employee may be absent from his work so much of the time
as to become, in effect, a part-time employee_ Carrier is
entitled to insist on reasonable attendance. While an
employee may be perfectly capable of doing a job, the job
does not get done by him if he is not there. The carrier
is entitled to have an employee who will get the jab done.
The interests of the other employees and the Carrier must
outweigh the personal interests of Claimant.
It is obvious that if all employees were so unfortunate as
to be unable to work to the same extent as Claimant, the
Carrier could not continue operation, and the economic
well-being of all concerned would be defeated. If Claimant
is only capable of being a part-time employee, he should
became one."
The Claimant was properly notified of the offense with which he was charged;
the Claimant was given a fair and impartial hearing as required by the rules.
The testimony produced at the investigation supports the charges made against
him; the Claimant was properly found guilty of the offenses with which charged,
and taking into consideration the Claimant's past record of absenteeism and
tardiness, the discipline administered in his case was warranted and justified.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
semarie Brasch - Adm nistrative Assistant
Dated at Chicago, Illinois, this 24th day of February,
1982.