Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11569
SECOND DIVISION Docket No. 11427
88-2-87-2-73
The Second Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Port Authority Trans-Hudson Corporation (PATH)
STATEMENT OF CLAIM:
1. Appeal of dismissal from service of Power Rail Helper F. O'Connor
by the Port Authority Trans-Hudson Corporation (PATH) effective October 18,
1986.
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.
Although scheduled to work on June 20, and 23 through 27, 1986 and
September 22 and 24, 1986, Claimant, a power rail helper, did not report on
those dates and further did not notify the Carrier prior to his starting time
that he would be absent. On September 19, 1986, Claimant was instructed by
his foreman to leave a work train and come out to work with a work gang.
Claimant did not do so. On September 23, 1986, Claimant was absent from work
from 6:45 a.m. to 7:30 a.m.
During the period March 21, 1985 through June 5, 1986, Claimant's
disciplinary record shows a written reprimand and suspension of three days,
two weeks, three weeks and two months for absence related problems.
We find substantial evidence in the record to support the Carrier's
determination that Claimant failed to report off, was insubordinate and absented himself from duty without permission in violation of Rules 7, 10, 26 and
Article VII, Section C. The Organization's arguments do not change the result. We have examined the record and do not find that the Hearing officer's
Form 1 Award No. 11569
Page 2 Docket No. 11427 ~r
88-2-87-2-73
conduct of the hearings could be considered unfair. Nor do we find that
holding the hearings in abstentia was improper. Certified letters dated July
2 and 8, August 11 and September 26, 1986, were sent to Claimant notifying him
of the charges and the hearing dates. According to the record, Claimant's
signature appears on the letters notifying him of the hearings. Thus, Claimant was well aware of the proceedings and the charges against him. Although
Claimant's representative appeared at the hearings, Claimant did not. In
light of Claimant's prior discipline for similar misconduct (which we consider
only for determining the propriety of the amount of discipline), we are unable
to say that dismissal from service was either arbitrary or capricious.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ~ -
'Nancy J. DJ~- Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 1988.