Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12237
SECOND DIVISION Docket No. 12238
92-2-91-2-25
The Second Division consisted of the regular members and in
addition Referee Hugh G. Duffy when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
Appeal of dismissal from service imposed on Electrician Patrick
DeLucia on December 5, 1989 by the National Railroad Passenger Corporation, at
Albany, N.Y.
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 were given due notice of hearing thereon.
Claimant was charged with violating Rules L and 0 of the Carrier's
Rules of Conduct in that, after not reporting for duty after a leave of
absence, he allegedly (1) failed to follow instructions to keep the Carrier
informed of his extended absence with proper medical authorization, and (2)
failed to keep the Carrier advised of his current address.
The Carrier sent the instructions to supply medical documentation by
regular and certified mail to the Claimant's official address of record, but
the letters were returned with a notation that he had moved and left no
forwarding address; it sent similar letters by certified and regular mail to
Claimant's emergency contact address, and these letters were returned as
"refused."
After a Notice of Investigation was sent to Claimant's emergency
contact address on November 7, 1989, a Hearing was held in absentia on
November 27, 1989. Subsequent to the Hearing, Claimant was found guilty of
the charges and assessed the penalty of dismissal.
Form 1 Award No. 12237
Page 2 Docket No. 12238
92-2-91-2-25
After reviewing the record, the Board is satisfied that there is
substantive evidence that Claimant was guilty as charged. Although he was
tried in absentia, a Notice of Investigation had been properly sent by the
Carrier, and Claimant's Representative attended the Hearing and had an
opportunity to examine the evidence and question the witnesses. A review of
the transcript demonstrates that the Organization pursued all relevant points
on behalf of the Claimant, and that the Hearing itself was conducted in a fair
and impartial manner. We thus find no basis to disturb the Carrier's decision
in this matter.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attes
ancy ~J./yEver - Executive Secretary
Dated at Chicago,' Illinois, this 8th day of January 1992.
Now