Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
CC)7i
SECOND DIVISION Docket No. 9275
2-CMStP&P-EW-'82
The Second Division consisted of the regular members and in
addition Referee Edward M. Hogan 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 it unjustly dismissed Electrician
Helper Henry Smith on March 24, 1980 for alleged failure to protect
his assignment.
2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company be
ordered to make Electrician Helper Henry Smith whole by reinstating
him to service with all seniority and other rights unimpaired and
compensating him for all lost wages and benefits and clearing his
record.
Findings
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carrier:, 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 was dismissed from the Carrier's service, after a proper and formal,
investigation, on the charges of absenteeism, tardiness, and taking an unauthorized
leave of absence. Claimant was in the Carrier's service for approximately eight
months prior to his dismissal. Less than four months after the Claimant was
originally employed, a warning letter was sent advising him that he had accumulated
excessive days of absenteeism as well as numerous cases of tardiness. He was
advised that absenteeism and tardiness would not be tolerated, and that unless
he was available regularly for work in the future, and reported regularly for-his
job, it would be necessary for the Carrier to take disciplinary action to correct;
the situation. Approximately three months after the November 21st letter (February
5, 1980),
another letter of warning was sent to the Claimant advising him that his
attendance record had not improved and that unless he immediately improved his
record, he would subject himself to discipline, including dismissal.
The record clearly supports the hearing officer's conclusion that Claimant
failed to protect his job assignment on numerous occasions, and that in spite
of prior warning letters, Claimant did nothing to improve his record. Clearly,
Claimant has violated Rule
16
of the Agreement,.which reads as follows:
Form I Award No. 0C;'1
Page 2 Docket No.
9?75
2-CMStP&P-EW-'82
"An employee detained from work on account of sickness or
any other good cause, shall notify his foreman as early
as possible."
Claimant failed to notify his foreman on at least eleven occasions between
February
23, 1980
and March
3, 1980.
The record shows that the Claimant had been counseled on many occasions and
warned about his attendance record in writing. However, he did not take the
initiative or heed the warning letters that were sent to him on two occasions.
Second Division Award No.
7348
cf this Board states:
"When an employee is so consistently and habitually absent
over a long period of time that his employment becomes a
serious liability rather than an asset, the carrier is
entitled to terminate his services."
The Organization claims that the Claimant did not receive a fair and impartial
hearing because he was not in attendance at the hearing. The record shows that the
Organization's representative agreed at the hearing, that the hearing was fair
and impartial. It is not fatal to the fair and impartial conduct and nature of
the hearing that the employee, properly notified, be in attendance at his hearing;
and participate in the hearing.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By -,,~` --
osemarie Brasch - Administrative Assistant
Dat Id at Chicago, Illinois, this 28th day of April, 1982.