Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9109
SECOND DIVISION Docket No. 9199
2-CR-MA-182
The Second Division consisted of the regular members and in
addition Referee Thomas V. Bender when award was rendered.
( International Association of Machinists and
Parties to Dispute: ( Aerospace Workers
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Consolidated Rail Corporation be ordered to restore Machinist
L. D. King to service and compensate him for all pay lost up to time
of restoration to service at the prevailing Machinists rate of pay.
2. That Machinist L. D. King be compensated for all insurance benefits,
vacation benefits, holiday benefits and any other benefits that may
have accrued and was lost during this period, in accordance with
Rule 7-A-I (e) of the prevailing Agreement which was effective
May 1, 1979.
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, 193+.
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 in this case, Machinist L. D. King met with his supervisor on
March
31, 1980.
At that time Mr. King was advised of the procedures to be
followed to return to work. Following the interview on March
31,
1980 with
General Car Foreman Croucher the Claimant vanished.
The Carrier waited until May
8,
1980, then noticed the Claimant for an
investigation based on his failure to come to work; A.W.O.L. if you prefer. The
Carrier sent the notice certified mail, it did not reach the Claimant. The
Carrier made an attempt to call the Claimant but his phone had been disconnected.
The Carrier also tried contacting members of the Claimant's family. None of these
efforts paid dividends.
Following the investigation, the Carrier terminated the Claimant.
This Referee has no patience for employes who carelessly neglect to protect.
a job. Based on the record the Carrier made an honest effort to find the Claimant
and that is all that is required. This Board cannot allow an employe to avoid
Form 1
Page 2
Award No. 9109
Docket No.
9199
2-CR-MA-182
an investigation and/or discipline simply by vanishing for a few days. Such has
been the rule on this and other Divisions. And, if the Carrier has made all
reasonable efforts to find the Claimant, an investigation may be held in absentia.
Both rules are axiomatic and require no citation.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
By
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 9th day of June, 1982.