Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9471
SECOND DIVISION Docket No. 91+62
2-SCL-CM-'83
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister
when award
was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
Dispute: Claim of Employes:
( Seaboard Coast Line Railroad Company
1. That the Seaboard Coast Line Railroad Company violated the controlling
agreement when Carman Apprentice, R. W. Flowers was unjustly disciplined
and held off his position beginning June 16, 1980 through July
5,
1980,
at Tampa, Florida.
That accordingly, the Seaboard Coast Line Railroad Company be ordered to
compensate Carman Apprentice, R. W. Flowers for eight (8) hours at pro
rata rate of pay for each day he was withheld from service for said
violation.
2.
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.
This case involves a twenty (20) day suspension given the Claimant, Cayman
Apprentice R. W. Flowers, for being late on April 23, 1980; for not working nor
calling in to mark off on April 29, 30, 1980; and for not reporting to work on
May 12,
14,
1980. In issuing the discipline, the Carrier also took into
consideration the Claimant's prior work record relating to absenteeism, reporting
late, and marking off early.
Our review of this record clearly establishes the evidence supports the
carrier's charges. The Claimant did not mark off for sickness or other good
cause. His explanations were after the fact and cannot, by any standard, be
considered as satisfying the requirement he notify his foreman as early as
possible as required by Rule 19.
Implicit in any employment relationship is the responsibility of an employe
to report to work as scheduled. Rule 19 does not grant employes the right to be
off. Rather, it addresses fact situations involving unavoidable absence and
positively imposes upon those absent employes the duty to notify their foreman as
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Award No. 9471
Docket No.
9462
2-SCL-CM-'83
soon as possible. Carrier Rule
26
involves the daily requirement to show up for
work unless granted permission to do other-wise. Herein, there is no evidence the
Claimant was unavoidably kept from work. His absences were not supported by good
and sufficient reasons. Reporting to work on time and as assigned is not a
voluntary act, and the Claimant has no reasonable basis to expect the Carrier to
condone his non-compliance. Considering this Claimant's prior record, the
totality of evidence supporting the Carrier, this Board has no basis to disturb
the Carrier's action.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of May, 1983.