Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10199
SECOND DIVISION Docket No. 10136
2-SLSW-EW-185
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
1. That the St. Louis Southwestern Railway Company violated the current
Agreement when it erroneously dismissed Electrician R. J. Lowe from
service of the Company on September 13, 1982.
2. Therefore accordingly, the St. Louis Southwestern Railway Company be
ordered to compensate Electrician R. J. Lowe eight (8) hours each day,
five (5) days per week-including holidays at the pro rata rate of pail,
commencing September 13, 1982 and ending on the date he is returned to
service, both dates inclusive. In addition, Mr. Lowe be returned to
service with all seniority rights unimpaired and all other benefits
that accrue to his position.
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.
The Claimant was notified to attend an
investigation to
develop facts and
place responsibility, if any, on a charge that he had violated that portion of
Carriers Rule 810, which reads:
"Continued failure by employees to protect their
employment shall be sufficient cause for dismissal."
Subsequent to the investigation, the Employe was notified that he had been found
guilty and was dismissed from the service.
The Carrier found the Claimant to have been absent from his place of employment
approximately 28% of the time. It argues that this represents an excessive absenteeism
rate that is intolerable and is, therefore, just cause for discharge.
Form 1 Award No. 10199
Page 2 Docket No. 10136
2-SLSW-EW-185
The Organization essentially argues that the Claimant reported off with his
Supervisor, on the dates in question, for reasons of personal sickness or sickness
in the immediate family. Consequently, the Carrier was aware of his reasons for
laying off and, thus, the Organization contends he complied with the provisions
of Carrier's Rule 15, and the discipline assessed was not appropriate under the
circumstances.
The Board has reviewed the voluminous record and we find evidence adduced in
the investigation in support of the charge against the Claimant. While the Board
understands the arguments advanced by the organization, it is also established by
numerous awards of the Division that when an employe consistently absents himself
from the work place, there does come a time when the Carrier may reasonably conclude
that the employment relationship may be terminated. However, given the facts and
circumstances before us in this dispute, we find the penalty assessed to be
unduly harsh. Accordingly, the Claimant is to be restored to duty with seniority
rights restored, but without back pay. He is to understand that this action
provides a last opportunity to demonstrate that he can be a reliable and valuable
employe of the Carrier.
A W A R D
The claim is sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. ver-- Executive Secretary
Dated at Chicago, Illinois, this 9th day of January 1985.