Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10900
SECOND DIVISION Docket No. 10907
2-NRPC-MA-'86
The Second Division consisted of the regular members and in
addition Referee Leonard K. Hall when award was rendered.
(International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(National Railroad Passenger Corporation (Amtrak)
Dispute: Claim of Employes:
1. That the National Railroad Passenger Corporation (AMTRAK)
violated Rule 24 but not limited thereto of the prevailing Agreement when they
dismissed Machinist C. J. Riley III for alleged violation of Carrier Rules of
conduct "K" and "L," and the 16th street diesel facility attendance policy.`
Claimant is made to restore the claimant to service and compensate him for all
pay lost up to the time of restoration to service at the prevailing
Machinists' rate of pay.
2. That Machinist Riley be compensated for all insurance benefits,
vacation benefits, holiday benefits and any other benefits that may have
accrued and were lost in this period and otherwise made whole for all loses
(sic) in accord with the prevailing agreement dated September 1, 1977, as
subsequently amended.
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 in this dispute, a Machinist employed at Chicago,
Illinois, was dismissed on December 22, 1983, following an Investigation in
connection with his being absent from duty on October 1 and 9 and leaving his
duty assignment early on October 7 and 31, 1983, in violation of Rules K and L
and the 16th Street Diesel Facility Attendance Policy.
Form 1 Award No. 10900
Page 2 Docket No. 10907
2-NRPC-MA-'86
In explanation for his absence on October 1 he stated he was sick
with a headache and dizziness, just laid down and slept for awhile. On
October 9 he laid off sick but stated he could not recall the nature of his
sickness. On October 7 he left his position early to attend to a child
residing in his abode who had been bitten by his dog. On October 31 he left
his position 4'56" early to take his wife home from downtown when her ride
home was running late.
The Transcript of the Investigation discloses that the Claimant
admitted his absences and as the Investigation was drawing to a close, his
past record of absenteeism was reviewed with him.
The Claimant was employed on April 10, 1978. During the period April
7, 1981 to and including October 13, 1983, he was warned, counselled, repri
manded and disciplined ten times in connection with his attendance record.
Reference to that record was made part of the notice of his dismissal.
With but one exception the Organization's positions are the same as
discussed in Award 10899, same Organization and same Carrier and the same
Rules and policy violations. The exception is that its position on the 30-day
time limit was not broached at the Investigation, but argued in the appeals
procedures. That argument comes too late.
Considering the Claimant's admissions and the extent of his past
attendance record, we will not reverse the discipline initially assessed and
later modified to the extent of a suspension without pay. The Claim will be
denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _ _ _r
Nancy
J.4-
er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of June 1986.
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