Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10184
SECOND DIVISION Docket No. 9646
2-SOU-CM-185
The Second Division consisted of the regular members and in
addition Referee Ida Klaus when award was rendered.
( Brotherhood Railway Carmen of the United States and Canada
Parties to Dispute:
( Southern Railway Company
Dispute: Claim of Employes:
1. That under the current Agreement, Carman D. A. Davis, Atlanta, Georgia
was unjustly suspended from service from September 30, 1980 to October
18, 1980 and was not given a fair and impartial investigation.
2. That accordingly, the Carrier be ordered to pay Carman D. A. Davis for
all time lost while suspended from service, including any derrick.overtime
he missed while suspended from his derrick operators assignment.
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, a Carman with 14 years seniority, was suspended for 15 days,
following a formal investigation, on charges of excessive absenteeism.
It is undisputed that the Claimant was absent from service for 23 of the 54
working days between June 15 and August 28. Sixteen of these absences were a11e(
gedly
for some form of personal illness, three were because the Claimant was taking hiss
wife to the Doctor, two were caused by car trouble and one each was caused by his
wife's illness and his oversleeping.
The Organization argues that the Carrier violated Rule 30 by suspending the
Claimant for excessive absenteeism which covered 16 days of absence for personal
illness. Rule 30 states,
"(a) in case an employee is unavoidably kept from work, he
will not be discriminated against. An employee detainedfrom work on account of sickness or for any other good
cause shall notify his foreman as early as possible.
"(b) The provisions of paragraph (a) shall be strictly
complied with. Excessive absenteeism (except due to sick
ness under paragraph (a) above) and/or tardiness will not
be tolerated...".
Form 1 Award No. 10184
Page 2 Docket No. 9646
2-SOU-CM-185
According to the Organization, this Rule means that absence as a result of
personal sickness or other good cause may not be considered excessive
absenteeism, nor may employes out of work for these reasons be discriminated
against on that ground. Therefore, it argues, the Claimant may not be charged
with excessive absenteeism because he was absent on 16 occasions as a result of a
serious back injury dating to 1977. In addition, the Organization asserts that
the hearing was conducted unfairly.
The Carrier takes the position that Rule 30 does not condone excessive
absenteeism. It disputes the allegation that the Claimant's absences were the
result of his back injury. As justification for the
suspension, the
Carrier
notes that the Claimant had received two letters of reprimand for excessive
absenteeism, as well as other forms of discipline.
After careful review of the record, the Board concludes that the claim has
not been supported. While we agree that Rule 30 prohibits discipline on grounds
of excessive absenteeism in the case of illness, the Claimant has offered no
proof that his absences were, in fact, caused by illness. Although the Claimant
alleges that his absences resulted from a 1977 back injury, he was released by a
Doctor to return to work. The Claimant has presented no medical documentation to
prove his claims of illness since his medical release. He has thus shown no good
cause for his grossly excessive absences. Accordingly, the claim must be denied.
We find no evidence that the hearing officer's conduct of the hearing was
unfair or improper.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
0000,
Attest:
s,
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 9th day-of January 1985.