Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9826
SECOND DIVISION Docket No. 9815
2-L&N-FO-`84
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That under the current and controlling agreement Service Attendant
B. L. Fant, I. D. No. 111115, was unjustly dismissed from the service:
of the Louisville and Nashville Railroad Company on September 9, 1981
after a formal investigation was held on August 20, 1981.
2. That accordingly, Service Attendant B. L. Fant, Jr., be restored to
service at the Louisville and Nashville Railroad Company, South Louis
ville Shops, Louisville, Kentucky, compensated for all lost time,
vacation, health and welfare, hospital, life and dental insurance be
paid effective August 20, 1981 when Mr. Fant was suspended from service
and the payment of 6% interest rate be added thereto.
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 ,Tune 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.
Service Attendant B. L. Fant, Jr., entered the Carrier's service on
July 5, 1973. On August 5, 1981, he was charged with excessive absenteeism.
An investigation was scheduled for August 13, but, on that day, the Claimant was
charged with another offense. By mutual agreement, the investigations for
excessive absenteeism and the second charge were both scheduled for August 20,
1981. On September 9, the Grievant was informed that he had been found guilty of
excessive absenteeism and that his employment was terminated.
The Organization contends the Claimant complied with Rule 22 by reporting
off when he was ill and that the Carrier had knowledge of his personal problem.
The record establishes the Claimant was cautioned about his absenteeism in April
of 1981. In the following four months, he was late or tardy fourteen times and
absent fifteen times. At the investigation, the Claimant acknowledged his
obligation to work forty hours a week; yet, admitted he was having some problem
with his "nerves".
Form 1 Award No. 9826
Page 2 Docket No. 9815
2-L&N-FO-'84
low
Review of the record herein reveals substantial evidence was developed which
clearly supports the charge of excessive absenteeism. Having so determined, we
must now consider the appropriateness of the penalty of termination. The Claimant's
employment record shows that twice before he had been discharged. The last
termination involved excessive absenteeism just as does the present charge.
Considering all the circumstances and previous allowances granted the Claimant,
we cannot find any abuse of Carrier of its discretion in assessing the penalty of
removal from service.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy. fiver - Executive Secretary
Dated at Chicago, Illinois, this 7th day of March, 1984.