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Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD . Award No.
9377
SECOND DIVISION Docket No.
9332
2-Ct-Ew-'
83
The Second Division consisted of the regular members and in
addition Referee Edward Z. Suntrup when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute: ( Consolidated Rail Corporation
Dispute: Claim of Employer:
1. That under the provisions of the current Agreement Electrician
Daniel G. Shade was unjustly dismissed from the service of the
Consolidated Rail Corporation (Conrail) effective August 1,
1980.
2.
Accordingly, the Consolidated Rail Corporation (Conrail) be ordered
to restore Electrician Daniel G. Shade to service with seniority and
all other rights unimpaired and compensate him for all wages and
benefits lost, account of the improper dismissal from service.
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 employer 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 were given due notice of hearing thereon.
Claimant, Mr. D. G. Shade, worked for Carrier as an electrician at tire
Harrisburg locomotive Terminal, Harrisburg, Pennsylvania. On July
22, 1980
he
was notified to appear for a trial on the following charges:
"Excessive and unauthorized absenteeism at Harrisburg Terminal
on the following dates:
July 10,
1980; July 11, 1980, July 12, 1980;
July
13, 1980;
July 14, 1980;
July
17, 1980; July 18, 1980; July 19, 1980;
July 20, 1980;
July
20, 1980."
The trial was held on
July 31, 1980
in the absence of Claimant who did not appear.
On August I,
1980
he was sent a notice of dismissal for excessive and unauthorized
absenteeism by the Carrier. This case was appealed through all appropriate
levels on property and subsequently brought to hearing before the National
Railroad Adjustment Board.
Form 1 Award No.
9377
Page
2
Docket No.
9332
2-CR-EW-183
The issue at stake in the instant case is whether Claimant's absence for 10
working days from July 10,
1980
to July
21, 1980
was authorized or if he was in
contravention of Rule
8-I-2
of the controlling Agreement. This Rule states the
following
"An employee unable to report for work or detained from work
for any cause will notify his shop or work location as soon
as possible."
There is no indication in the information presented before this Board that
Claimant was unable to report for work. If he was detained for cause it could
only have been either because his absence on the days in question was authorized
by the Carrier's Chairman and Chief Executive Officer,
E.
G. Jordan, as Claimant
states in his letter to Shop Manager, I. W. Bonsall, which claim is irrefutably
denied by Mr. Jordan, or it was because Claimant was detained because of "personal
business". This Board has gone on record (Second Division Awards
7754
and
8323)
to the effect that an excuse for "personal business", without further clarification,
is not in itself sufficient to justify an absence. In this case this would not
be an appropriate manner in which to operationalize the general language of Rule
8-I-2
which addresses "any cause" as a reason for an absence unless that cause
meets the test of the principle elaborated by this Board in Award
7754.
This
Award states that it is "... well established by this Board ... that every
employee has a duty and obligation to report timely for his assignment and to
work all the hours of his assignment each and every (work) day ... unless his
absence is validly justified and excused for good and sufficient reason such as
illness, death of a family member or other matters which, in ,applying the rule of
common sense and human understanding, would clearly justify his absence ...
management is obliged to consider such requests and to grant them if they meet
the criteria discussed above and conversely there is no obligation to grant such
requests if they do not meet the criteria. However, just as ... (in this case,
Rule
8-I-2) ...
applies a test of reasonableness and cooperation upon management,
it also requires that the employees truly have good and sufficient reasons for
their request. A short unexplained request based upon 'personal business' does
not meet the test -- it is too brief and too broad for management to .objectively
evaluate".
If, in fact, Claimant's request based on "personal business" did meet, or
could have met, the test of the principle laid out in Award
7754,
it was encumben.t
upon him, at the very least, to attend the trial in his own defense, or to postpone it or to tell his Organization representative in time, so that his
representative could have called for a postponement of that trial. The Claimant
'did none of this.
The Board finds that sufficient substantial evidence, therefore, is present
in the instant case to warrant that Claimant's absences were unauthorized and
since these unauthorized absences persisted for ZO work days that they were,
a fortiori, excessive. Excessive absenteeism, which may be defined in principle
as that point, because of absences, when an-employee becomes a liability rather
than an asset to a Carrier, has not been sanctioned by prior Awards of this
Board (See Second Division
6710, 7348
and
9158
inter olio) and a 10 day absence
with no other reason on record except that Claimant did not protect his assign-
Form 1 Award No.
9377
page
3
Docket No.
9332
2-CR-EW-183
went because of his "personal business" puts Claimant, in the mind of the Board,
well within the perimeters of excessive absenteeism as defined above. This,
plus Claimant's prior record convinces the Board that the Carrier's determination
in this matter should not be disturbed.
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
semarie Brasch - Admiriistrative Assistant
Dated at Chicago, Illinois, this 2nd day of February,
1983.