Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9465
SECOND DIVISION Docket No.
9438
2-IHB-FO-183
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Indiana Harbor Belt Railway Company
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer Donald H. Huey was
unjustly dismissed from service of.the Carrier following trial.held on
June
3, 1980.
2.
That, accordingly, the Carrier be ordered to make the aforementioned
Donald H. Huey 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
(10,0) 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 azd 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.
Laborer Donald J. Huey, the Claimant, had approximately two years of service
at the time of his dismissal for excessive absenteeism and violation of Rule
13.
On May
29, 1980,
the Claimant was advised that a trial would be held in connection
with charges which cited thirty days of absence between January,
1980,
and May,
1980,
and ten violations of Rule
13
during the same period.
This Board's review of the record finds the evidence supports the charges
of
the Carrier. The Claimant acknowledged he understood the problems created by
his failure to come to work. In his defense, personal problems, such as
alcoholism, were given as an excuse for the absences. Nothing in the record
suggests the Claimant could be relied upon to report for duty as required. There
is no basis for disturbing the Carrier's decision. Each Carrier employee has an
obligation to work his regular assignment. Rule 13 provides a basis for a
Carrier to accommodate an employe unable to report because of illness or accident.
F orm I
Page 2
Award No. 9465
Docket No. 9438
2-IHB-FO-'83
However, this rule requires the employe to notify his general foreman as soon as
possible. Such notification was not adhered to by this Claimant, and his concept
of convenience is unacceptable. The evidence substantially supports the Carrier's
action.
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 /1'fJ
s arie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 4th day of May, 1983.
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