Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10788
SECOND DIVISION Docket No. 10895
2-PT-F&0-'86
The Second Division consisted of the regular members and in
addition Referee Leonard K. Hall when award was rendered.
(International Brotherhood of Firemen & Oilers
Parties to Dispute:
(Port Terminal Railroad Association
Dispute: Claim of Employes:
1. That under the controlling agreement Laborer B. E. White was
unjustly dismissed from the service of the Port Terminal Railroad Association
on November 4, 1983.
2. That accordingly, the Port Terminal Association compensate
Laborer B. E. White at the pro rata rate of pay for each work day beginning
November 5, 1983 until he is reinstated to service and in addition to receive
all benefits accruing to any other employee in active service, including
vacation rights and seniority unimpaired. Claim is also made for Laborer B.
E. White for his actual loss of payments of insurance on his dependents and
hospital benefits for himself, and that he be made whole for pension benefits,
including Railroad Retirement and Unemployment Insurance, and in addition to
the money claimed herein, the Carrier shall pay Mr. White an additional sum of
18% per annum compounded annually on the anniversary date of said claim.
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 employed as a Laborer-Driver in the employer's
service at Houston, Texas, on Job #9-06, scheduled to work 11:30 P.M. to 7:30
A.M., with rest days Wednesday and Thursday. The Claimant was absent from his
assignment on Saturday, September 24 and Sunday, September 25, 1983.
In notice dated September 26 the Claimant was informed that a Hearing
would be held at a designated time, place and date to develop the facts, place
his responsibility, if any, in connection with his absence.
The Hearing was twice postponed at the request of his Representative
and ultimately held on November 2, 1983.
Form 1 Award No. 10788
Page 2 Docket No. 10895
2-PT-F&0-'86
At the Hearing he was represented by his Local Chairman and by the
General Chairman.
The Hearing disclosed that at about 4:30 P.M. on Friday, September 23
he contacted the Master Mechanic at his home, requested to be off of his
assignment starting at 11:30 P.M. that date. The Master Mechanic, after
determining that the Claimant wanted to be off for the purpose of handling a
legal matter regarding his father in the hospital, the request was granted for
that one date only. The grant was with the understanding that he would be at
work on September 24. The Claimant answered "okay." The Master Mechanic
testified further that he immediately called the Leadman at the Diesel Shop
with direction to enter that stipulation in the Turnover Book.
The Claimant did not report for his assignment on September 24 as
promised, nor did he report for his assignment on September 25.
The Claimant was requested to report personally to the Master
Mechanic for permission to be absent due to his past unsatisfactory attendance
record.
It is well established in a long line of Awards of the Board and of
this Division that the employer has the right to expect its employes to timely
report for their assignments.
Similarly, the Awards hold that an employe's service record may be
properly considered in determining the measure of discipline after a finding
that discipline is warranted, based upon the record disclosed by the
Transcript of the Investigation.
Our examination of the record and consideration of the evidence, as
well as review of the Claimant's personal record, leads us to uphold the
judgment of the Carrier's Officer who assessed the dismissal.
In the light of these findings, it is not necessary that we pass upon
the procedural contentions introduced into the record. The Claim will be
denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: . ~54
~
Nancy J. a Executive Secretary
Dated at Chicago, Illinois, this 19th day of March 1986.