Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award Number 11317
SECOND DIVISION Docket Number 9561
2-L&N-F&0-'87
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(International Brotherhood of Firemen and Oilers
Parties to Dispute:
(Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That under the current and controlling agreement, as amended,
Service Attendant E. Wallets, I.D. No. 371580, was unjustly suspended from the
service of the Louisville and Nashville Railroad Company on May 13, 1981
through June 11, 1981, both dates inclusive after a formal investigation was
held in the office of Mr. R. G. Littrell, Asst. Master Mechanic and Conducting
Officer, on May 12, 1981.
2. That accordingly, Service Attendant E. Wallets be compensated for
all lost time, vacation, health and welfare, hospital and life insurance and
dental insurance be paid effective May 13, 1981 through June 11, 1981, and the
payment of 6% interest rate be added thereto.
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.
Claimant was employed as a Service Attendant at Decoursey, Kentucky.
During the period from April 16 through May 4, 1981, he was alleged to have
been absent from work without permission. A Hearing into the matter was held
on May 12, 1981. As a result of that Hearing, Claimant was found guilty as
charged and assessed a thirty-day suspension. A review of the record reveals
that Claimant did in fact absent himself from work after the Company doctor
had examined him and found him fit for duty. He did not have permission from
Carrier officials to do so and consequently was properly charged and found
guilty of unauthorized absenteeism. A severe penalty is appropriate.
Carrier's assessment of a thirty-day suspension under the circumstances, is
appropriate.
Form 1 Award No. 11317
Page 2 Docket No. 9561
2-L&N-F&0-'87
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J WVer - Executive Secretary
Dated at Chicago, Illinois, this 26th day of August 1987.