Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9037
SECOND DIVISION Docket No.
9102
2-CMStP&P-EW-'82
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company
violated the current agreement when Electrician Helper B. Collins was
unjustly dismissed from service on June 4,
1979
for alleged excessive
absence from work.
2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company
be ordered to make Electrician Helper B. Collins whole by.reinstating
him to service with all seniority and other rights unimpaired and
repaying all lost wages and benefits and his record cleared.
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.
Claimant, Mr. Collins, was charged with excessive absenteeism. An investigation was condui;ted on May
3, 1979,
and following that hearing the penalty herein
complained of was assessed.
The Organization raises a claim that the hearing officer was not fair and
impartial. In so doing, it points to the fact that at one point in the hearing
he read into the record a transcript from the Phone and Message Book in an attempt
to determine whether or not Claimant had called in on any of the days in question.
The mere reading of a transcript into the record in order to obtain necessary
information is administrative in nature and does not constitute biased testimony
which might jeopardize the Claimant's rights. We find that the hearing was
conducted in accordance with contractual requirements and past practice.
The record reveals that during the month of March,
1979,
Mr. Collins had been
absent from work five days and was late for work on four additional days. Claimant
does not deny the foregoing record. His reasons were various. He couldn't
remember on some of the days and on other days he claimed illness. There is
no evidence to buttress the claims of illness.The tardiness was explained
F orm 1
Page 2
Award No.
9037
Docket No.
9102
2-CMStP&P-EW-'82
by his claim that he missed the train to work and, therefore, took a later
train. There is no credible evidence in the record that he notified his foreman
on the days he was absent as required by Rule 16 of the Agreement. Nor did he
notify the Carrier that he would be late on pertinent days.
Absence and tardiness on nine of the working days in one month is clearly
in excess of the normal and the Carrier cannot be expected to countenance such
behavior. Some corrective measure was warranted.
The record further reveals that Mr. Collins had been employed for approximately
seven months. During the month of January,
1979,
his work efforts displayed a
situation almost identical to the month under consideration and he was issued a
written warning that he must improve. He was again given a letter of warning
on February 22,
1979
that the same pattern of behavior prevailed during early
February. Claimant was warned that unless his performance improved he would be
subject to penalty and possible dismissal. The record following that letter is
the subject of the charges.
A W
A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
R semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 21st day of April,
1982.