Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11597
SECOND DIVISION Docket No. 11540
88-2-88-2-50
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal of discipline of seven-day suspension
assessed against Altoona, Pennsylvania Electrician M. F.
Cogan by the Copnsolidated Rail Corporation as shown on Notice of Discipline
dated August 6, 1985.
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 employee involved in this
dispute are respectively carrier and employee 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, employed as a Crane Operator at Carrier's Reclamation
Plant, Hollidaysburg Car shop in Altoona, Pa., was instructed to attend a
trial on July 18, 1987, on the charge:
"Being absent from your assignment as crane
director, Reclamation Plant, Hollidaysburg Car
Shop, on June 25 and June 26, 1985, which in light
of your past attendance record constitutes
'excessive absenteeism'."
The trial was conducted as scheduled and a copy of the transcript has
been made a part of the record. We have reviewed the transcript and find that
the trial was properly conducted. None of Claimant's agreement rights was violated.
It is not disputed that Claimant did not work on June 25 and June 26,
1985. Claimant testified that he did not work on June 25 and June 26, 1985,
because of sickness "flu, diarrhea and throwing up." The Carrier's record,
introduced in the trial indicated that Claimant had called in and reported off
sick on June 25 and June 26, 1985. Following the trial, Claimant was assessed
discipline of seven days suspension, the Carrier stating that the suspension
was deferred under Rule 6-A-4(b).
Form 1 Award No. 11597
Page 2 Docket No. 11540
88-2-88-2-50
Sickness is generally accepted as a valid reason, or good excuse, for
being absent from work. It is not unusual for employees to lay off from work
because of sickness. If the Carrier desired proof of Claimant's illness, it
could have demanded it, but Carrier having accepted the absences of the two
days as sickness, we consider the Carrier as not on good grounds in using the
two dates to trigger a charge of excessive absenteeism. See Second Division
Award No. 11181 involving the same-parties.
We will sustain the claim:tov the extent of ordering that any discipline assessed Claimant as a result of the charge of June 27, 1985, be expunged from his record. If, as the `Carrier contends, the discipline was deferred and Claimant lost no time, then no payment would be due.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
Nancy Ja~r - .,Executive..Secretary
Dated at Chicago, Illinois, this 2nd day of November 1988.