Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11013
SECOND DIVISION Docket No. 11116
2-SSR-MA-'86
The Second Division consisted of the regular members and in
addition Referee W. J. Peck when award was rendered.
(International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(Seaboard System Railroad
Dispute: Claim of Employes:
1. That the Seaboard System Railroad violated the controlling
agreement when it unjustly placed a letter of caution on the record of
Machinist L. F. Brigman July 9, 1984 following an investigation held on May
30, 1984.
2. That accordingly, the Seaboard System Railroad be ordered to
remove all reference to the charges, investigation and subsequent discipline
letter from Machinist Brigman's personal record.
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 the instant case is a Machinist employed by the
Carrier at Carrier's diesel repair facility at Waycross, Georgia.
On date of May 16, 1984, Carrier sent the following notice to the
Claimant:
"An investigation will be held in the Office of
Shop Superintendent with you as principal at
9:30 A.M., May 22, 1984.
Form 1 Award No. 11013
Page 2 Docket No. 11116
2-SSR-MA-'86
You are being charged with violating Rule 7 of rrI'
the Seaboard System Railroad Rules and Regulations
for the Mechanical Department for having excessive
and chronic absenteeism and failure to provide
sufficient medical justification for your absence
from June 2, 1983 through May 13, 1984.
You are directed to attend this investigation.
You may be represented by a duly authorized representative of the Machinist's Craft and you may
arrange to have any witnesses who have knowledge
of the matter under investigation. At this investigation a review of your service record will be
made."
Because of other committments the Investigation was postponed and
then held on date of May 30, 1984.
On date of July 9, 1984 Carrier sent a transmittal to the Claimant
which contained the following paragraph:
"While it is well documented that you have lost
an excessive amount of time, and on a number of
occasions failed to provide our Medical Department with sufficient justification for these
extended absences, we have no alternative but -
to caution you that continued absences on your
part will not be tolerated in the future. It
must be clearly understood, as brought out in
our conference that you have a contractual
obligation with this company and that you will
be expected to fulfill that obligation. It has
long been recognized by the Labor Adjustment
Board, as well as the management of this company,
that chronic and excessive absenteeism, for
whatever cause, can be grounds for discipline
and/or dismissal."
The Organization, in their submission, cites no rule or provision
that was violated. This Board cannot make any ruling that the Agreement
either was or was not violated when absolutely nothing in the Agreement is
even mentioned. No penalty was assessed, simply a warning that the individual
must be more careful. We must dismiss this case as being improperly before
this Board.
low
Form 1 Award No. 11013
Page 3 Docket No. 11116
2-SSR-MA-186
A WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
L~Z
Attest:
Nancy J./fAffer - Executive Secretary
Dated at Chicago, Illinois, this 1st day of October 1986.