Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 9463
SECOND DIVISION Docket No.
9435
2-IHB-FO-'83
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( Interna -ional Brotherhood of Firemen azd Oilers
Parties to Dispute:
( Indiana Harbor Belt Railroad Company
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer Richard E. Mysliwiec
was unjustly dismissed from service of the carrier following trial in
absentia held on June
16, 1980.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Richard E. Mysliwiec 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 lost time
plus ten (1010 percent interest annually on all lost wages, also
reimbursement for all losses sustained account of coverage under health
and welfare and life insurance agreements during the time he has been
held out of 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 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.
Richard E. Mysliwiec, the Claimant, a laborer at the Gibson, Indiana,
Enginehouse, began his service with the Carrier on April
15, 1977.
On June 17,
1980,
he was informed by the Carrier that he was dismissed by reason of his failure
to report back to the Hammond Clinic for another examination on June 2, 1980. The
Claimant did not, at that or any other time, report to the Clinic nor did he,
despite receipt of notice, attend his trial on June
16, 1982.
The Organization contends the Carrier's decision is improper in that the
Trial Officer denied Claimant's representative a postponement, and the Carrier
failed to cite specific absence dates in the charges.
At the outset, this Board notes the Claimant was properly notified that a
trial would be conducted on June 12,
1980.
Despite such notification, the
Claimant failed to appear and failed to provide anyone with a reason for his
Form 1
Page 2
Award No. 9463
Docket No.
9435
2- IHB-FO-'
83
non-appearance. Furthermore, the certified notice dated June 10,
1980,
states the
Claimant failed to report to the Hammond Clinic as instructed on June 2,
1980,
and had not so complied as of June 10,
1980.
Clearly, his absence was continuous.
The record before this Board establishes the Claimant failed to follow
instructions and absented himself from work without contacting or notifying his
General Foreman. This inexplicable conduct, coupled with Claimant's failure to
appear at the trial and his prior record of discipline, evidences a total lack of
concern for his position with the Carrier. We find the record fully supports the
action taken by the Carrier in dismissing this Claimant.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
1,etd,"
--"'P.~semarie Brasch - Administrative Assistant
Dated pat Chicago, Illinois, this 4th day of May, 1983
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division