Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9727
SECOND DIVISION Docket No. 9806
2-CR-MA-'83
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Association of Machinists
PARTIES TO DISPUTE: ( and Aerospace Workers
( Consolidated Rail Corporation
DISPUTE: CLAIM OF EMPLOYES:
1. That the Consolidated Rail Corporation be ordered to compensate
Machinist S. DeTillio ten (10) days pay at the prevailing machinist
rate of pay.
2. The Agreement of May 1, 1979 is controlling.
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 employee involved in this
dispute are respectively carrier and employee 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, Machinist S. DeTillio, was issued a ten day
suspension for
absenteeism for his failure to report for duty on March 24, April 6, 11, 12,
20, 1980, and for his failure to work all assigned hours on April 19, 1980.
The organization asserts the Carrier's action is arbitrary and capricious in
that the Claimant had properly explained the reasons for the absences and the
Carrier failed to refute his testimony.
The Carrier states the record clearly establishes the Claimant was absent
on each date involved in the charge. The Carrier further asserts it has the
right to expect an employe to pursue his occupation in a diligent and faithful
manner.
The Board notes the Carrier's initial charge details the dates of absence
and, then, states "which, in light of your previous attendance record, constitutes
excessive absenteeism." Examination of the record discloses no evidence was
submitted relating to the Claimant's prior attendance record. Thus, the discipline
imposed rests upon the five days of absence running from March 24 through
April 20, 1980.
The Carrier has the right to anticipate that employee will report to
work as scheduled. Occasional absence, tardiness or leaving early for sickness,
accident, or legitimate reason are acknowledged facts of the industrial work
Form 1
Page 2
Award No. 9727
Docket No. 9806
2-CR-MA-183
place. An employe's attendance record. over a period of time, may, for whatever
reason, be deemed to be unsatisfactory or excessive in absences. The point at
which this occurs depends upon the circumstances involved in each case, such
as the number of absences, the reasons thereof, and, if applicable, the probability
of future absence. Herein, the Board is confronted with five absences in a
period of less than one month. Lacking the linkage of a prior record of absenteeism,
this is a very short period upon which to conclude the degree of Claimant's
unreliability can no longer be tolerated and/or excused. This Board cannot go
beyond the record. The Carrier has failed to meet its burden of proving the
charge and, therefore, we have no option but to sustain the claim.
A W A R D
Claim sustained.
ATTEST: , z
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy J. ~r - Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1983.