Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9206
SECOND DIVISION Docket No. 8887
2-CR-FO-182
The Second Division consisted of the regular members and in
addition Referee Steven Briggs when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, laborer S. W. Wilkins was
unjustly dismissed from service of the Carrier following trial held on
June
6, 1979.
2. That, accordingly, the Carrier be ordered to make the aforementioned
S. W, Wilkins whole by restoring him to Carrier's service, with seniority
rights unimpaired, made whole for all vacation rights, holidays., sick
leave benefits, and all other benefits that are a condition of employment
unimpaired, and compensated for all time lost plum ten (10°,b) percent
interest annually on all lost wages, also reimbursement for all losses
sustained account of coverage under health and welfare end life insurance
agreements during the time he has been held out of service.
Findings:
e
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 joined the Carrier's employ on November 1,
1967,
and since then
has developed a work record replete with instances of absenteeism and unsatisfactory
work performance. He has received four letters of warning regarding his attendance
habits (May
3, 1978;
June
29, 1978; July 18, 1978;
and September 1,
1978).
In
addition, he has incurred two separate 10-day suspensions for aspects of his work
performance.
In connection with the instant matter, the Claimant was absent from his
assigned place of service for fifteen days (May
3, 4, 5, 6, 8, 9,
10, 11, 12, 15,
16, 17, 18, 19,
and 22,
1979).
On eleven of these days he did not call the Carrier
to report his absence. Furthermore, the Claimant did not attend the trial during
which these absences were evaluated, and the Carrier made reasonable attempts to
notify him of said trial.
On balance, it appears from the record that the Claimant has demonstrated no
interest in maintaining his employment relationship with the Carrier. His unreported
absences of May,
1979
are clear and unrefuted. Absent the showing of any mitigating
circumstances, it is the conclusion of the Board that some form of discipline was
Form 1
Page 2
Award No. 9206
Docket No. 8887
2-CR-FO-182
certainly appropriate. And, in view of the Claimant's overall work record, dismissal
is justified. The Carrier made reasonable attempts to salvage this employe,
including corrective warning letters and disciplinary suspensions. Its decision
to dismiss the Claimant was not, therefore, capricious, arbitrary, or in violation
of the controlling Agreement.
AW AR D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
y
_ _ ~
Bmarie Branch - Administrative Assistant
Dated cat Chicago, Illinois, this 22nd day of July, 1982.
Iwo