Form
1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9728
SECOND DIVISION
Docket No. 9818
2-SPT-MA-183
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Association of Machinists and
PARTIES TO
DISPUTE: ( and
Aerospace Workers
( Southern Pacific Transportation Company
DISPUTE: CLAIM OF EMPLOYES:
"Claim in favor of Machinist G. R. Phrampus for reinstatement and
compensation at the pro rata rate of pay for each day he is held out
of service commencing July 4, 1981, due to Carrier's violation of
Rules 19 and 34 of the controlling Agreement effective April 15,
1967, as amended."
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 employes 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 were given due notice of hearing thereon.
The Claimant was dismissed from service for violation of Rule 810 in that
he failed to report for duty at the prescribed time and place on May 16, 18,
31, 1981. The organization acknowledges the Claimant had personal problems
which adversely affected his work performance. Nevertheless, the Organization
asserts the Claimant was i11 during the period in question and Carrier failed
to grant Claimant a leave of absence to take care of his personal business.
Review of the record establishes the Claimant had personal problems. He
also failed to report for duty as charged. Despite the charge, he was denied
a leave of absence, the record .indicates otherwise. This Claimant had an
obligation to report to work on time and work his scheduled hours. His personal
problems did not relieve him of that duty. The Carrier's action is supported
by substantial evidence. Considering his past record, we find no basis upon
which to disturb the penalty imposed.
A W A
R D
Claim denied.
Form 1
Page 2
Award No. 9728
Docket No. 9818
2-SPT-MA-'83
NATIONAL RAILROAD
ADJUSTMENT
BOARD
By
Order of Second
Division
ATTEST:
~ s ~` _
Nancy J. per - Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1983.