Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11940
SECOND DIVISION Docket No. 11695
90-2-89-2-2
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
1. That the Carrier violated Rule 37 of the Schedule of Rules when
it unjustly dismissed Claimant from service February 25, 1988.
2. That Claimant should be returned to service of the Carrier with
all rights unimpaired.
3. That Claimant should be compensated for each work day lost from
the date he was dismissed to the date he is returned to service, including any
overtime that would have been available during this period.
4. That all Agreement rights be restored including insurance premiums.
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 by the Carrier as an Electrician at its Salt
Lake Diesel facility at Salt Lake City, Utah.
On February 4, 1988, the Carrier notified the Claimant to appear for
a formal Investigation in connection with the following charges:
Form 1 . Award No. 11940
Page 2 Docket No. 11695
90-2-89-2-2
'. . . that you failed to protect your assignment on
the following dates when you were absent or reported
for work late without authority . . . November 29,
1987; November 30, 1987; December 6, 1987; December
7, 1987; December 12, 1987; December 13, 1987;
December 14, 1987; December 20, 1987; December 21,
1987; December 27, 1987; December 28, 1987; January
2, 1988; January 6, 1988; January 13, 1988; January
16, 1988; January 19, 1988; January 20, 1988; January
23, 1988; January 26, 1988; January 27, 1988; January
30, 1988; February 1, 1988 . . . This is in violation
of Rules B and 604 of Form 7908."
The Hearing took place on February 18, 1988. On February 25, 1988, the Carrier notified the Claimant that he had been found guilty of the charges and
was assessed discipline of dismissal effective immediately. Thereafter, the
Organization filed a Claim on Claimant's behalf challenging his dismissal.
This Board has reviewed the evidence and testimony in this case, and
we find that there is sufficient evidence in the record to support the finding
that the Claimant was guilty of failing to protect his assignment when he was
absent or reported late without authority on twenty-two occasions between
November 29, 1987, and February 2, 1988. The record is clear that that type
of behavior was in violation of Carrier Rules B and 604.
Once this Board has determined that there is sufficient evidence in
the record to support the guilty finding, we next turn our attention to the
type of discipline imposed. This Board will not set aside a Carrier's imposition of discipline unless we find its action to have been unreasonable,
arbitrary, or capricious.
In the case at hand, the Claimant had been progressively disciplined
regarding his attendance. However, he continued to not show up for work when
he was expected. Therefore, the Carrier had every right to terminate his
employment.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
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Attest: 140
ancy J. D *
Executive Secretary
Dated at Chicago, Illinois, this 28th day of November 1990.