Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11873
SECOND DIVISION Docket No. 11766
90-2-89-2-84
The Second Division consisted of the regular members and in
addition Referee Joseph S. Cannavo, Jr. when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM:
1. That under the current Agreement, Mechanical Department Electrician M. G. McGee was unjustly treated when he was dismissed from service on
August 15, 1988, following investigation for alleged violation of portion of
Rule 810. of the General Rules and Regulations of the Southern Pacific Transportation Company (Western Lines).
2. That accordingly, the Southern Pacific Transportation Company be
ordered to restore Electrician M. G. McGee to service with all rights unimpaired, including service and seniority, vacation, payment of hospital and
medical insurance, group disability insurance, railroad retirement contributions, and loss of wages; including interest at the rate of ten per cent (10%)
per annum.
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 was dismissed from service on August 15, 1988. Prior to
this dismissal, Claimant was notified of formal Hearing to be held on June 7,
1988, to investigate charges that he failed to report for duty on seventeen
(17) occasions between January 18 and June 29, 1988. At the request of the
Organization, the Hearing was postponed until June 24, 1988. On June 24,
Form 1 Award No. 11873
Page 2 Docket No. 11766
90-2-89-2-84
1988, a revised formal Hearing notice was issued adding an additional thirtyeight (38) days that Claimant did not protect his employment. The formal
Hearing was rescheduled for July 15, 1988. Claimant did not attend the formal
Hearing held on July 15, 1988. At the Hearing, the Carrier established a
prima facie case that it had just cause to dismiss the Claimant when it introduced into evidence the Claimant's attendance record. This record established
that the Claimant failed to protect his employment on fifty-five days between
January 18 thru June 23, 1988, in violation of Company Rule 810. The record
is devoid of any direct testimony explaining the reasons for the absences, or
why the Claimant failed to grieve the alleged denial of his request for a
leave of absence.
On. the basis of the Claimant's failure to participate at the formal
Investigation, no mitigating evidence is available for this Board to consider.
Consequently, the Hearing Officer's determination is adopted by the Board.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: 'gop
-.0p
Nancy J. 1A-*0e'r - Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1990.