Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10029
SECOND DIVISION Dbckete No. 9703
2-CRC-MA-'84
The Second Division consisted of the regular members and in
addition Referee Francis M. Mulligan when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of gnployes:
1. That the Consolidated Rail Corporation be ordered to restore Machinist
F. H. Bolton to service and compensate him for all pay lost up to
time of restoration to service at the prevailing machinist rate of
pay.
2. That machinist F. H. Bolton be compensated for all insurance benefits,
vacation benefits, Holiday benefits and any other benefits that may
have accrued and were lost during this period, in accordance with
Rule 7-A-1 (e) of the prevailing agreement effective May 1, 1979.
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 waived right of appearance at hearing thereon.
Machinist F. H. Bolton was dismissed from service by the Carrier,
Consolidated Rail Corporation, following a trial for insubordination resulting
from failure to report for his physical examination after being properly notified
to report. F. H. Bolton not only failed to appear for his physical examination,
he failed to appear for his trial; and, prior to his trial, he failed to appear
following notices to him by the company. In fact, trial was postponed four (4)
times at the employe's request. Testimony was quite clear that the Claimant
failed to appear for his physical examination and since that time he has not
appeared or made contact with the Carrier. Claimant was represented at the
trial by the Organization and was competently represented in his absence throughout
all stages of the proceedings. Failure to appear for justifiable cause creates
a due-process consideration. However, failure to appear at a physical examination
and at all phases of the proceedings, including the trial, without any excuse
whatsoever is proof positive that the job is not an important consideration in
Claimant's life.
Form 1
Page 2
Award No. 10029
Locket No. 9703
2-CRC-MA-'84
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of
Second Division
Attest: ~i
Nancy J.-//
r
- Executive Secretary
Dated at Chicago, Illinois, this 8th
day of
August, 1984.