Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11872
SECOND DIVISION Docket No. 11756
90-2-89-2-39
The Second Division consisted of the regular members and in
addition Referee Joseph S. Cannavo, Jr. when award was rendered.
(International Brotherhood of Firemen & Oilers
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
1. Under the current controlling Agreement, Laborer J. Bly,
Marshalltown, Iowa, was unjustly dealt with when suspended for a period of ten
(10) days (August 1, 1988 through August 10, 1988), following a hearing held
on July 27, 1988.
2. That accordingly, Chicago and North Western Transportation
Company be ordered to compensate Mr. Bly for all time lost at the pro rata
rate and the mark removed from his 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.
As the result of an Investigation held on July 27, 1988, the Claimant
received a ten (10) day suspension for excessive absenteeism due to absences
incurred on June 29 and 30, 1988. The Claimant notified the Carrier of his
absence due to a headache. The Organization claims that reference at the
Hearing to twenty-seven (27) previous dates of absence dating back to October
1, 1987 violated the Carrier's obligation to furnish the Claimant with precise
charges. The Organization further claims that the Claimant's past record was
not used to assess discipline alone but to support a finding of alleged guilt.
Form 1 Award No. 11872
Page 2 Docket No. 11756
90-2-89-2-39
The Board notes that the notice of Investigation states: "Your
absenteeism became excessive when you were again absent on June 29 and 30,
1988." The Carrier exercised its judgment in determining that the cumulative
nature of the Claimant's absenteeism became excessive with the June 29 and 30
absences. Such a conclusion by the Carrier is not unreasonable considering
the number of absences involved. The Board also finds that the notice, as
stated above, was sufficient to advise the Claimant of the nature of the
Investigation.
The Claimant must be mindful that every employer expects its employees to report to work on a regular basis. The Claimant's propensity for
numerous absences of short duration demonstrate his failure to meet the
Carrier's justified expectations. Consequently, the Board finds that the
discipline incurred by the Claimant is just and proper.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest.: ~
_
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1990.