Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12302
SECOND DIVISION Docket No. 12268
92-2-91-2-67
The Second Division consisted of the regular members and in
addition Referee Nancy Connolly Fibish when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
Appeal from discipline of three (3) days suspension assessed L. M.
McCord (#537525), Electrician, Juniata Locomotive Shop, Altoona, Pennsylvania,
as shown on Notice of Discipline, Form G-32, dated November 17, 1988.
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.
On September 14, 1988, Carrier charged Claimant with excessive
absenteeism, citing his absences for a full tour of duty on August 22 and
September 13, 1988, a partial tour of duty on September 8, 1988, and the
record of his prior absences from the period of April 5 to August 22, 1988, as
the basis for the charge. An Investigative Hearing was held on October 26,
1988, following which the Employer assessed a 3-day suspension on November 17,
1992. Appeal of this three-day suspension was heard on December 23, 1988, but
management denied this appeal.
The Organization is not contesting that the employee was absent on
the dates in question. However, it claims that management did not establish a
record of excessive absenteeism because, among other things, the employer had
excused some of the absences (e.g., for sick leave), and that the employer
violated the contract by charging the Claimant with absences outside the 30day period permitted under Rule 6-A-3(a). It is requesting that management
expunge the 3-day suspension from the Claimant's record.
Form 1 Award No. 12302
Page 2 Docket No. 12268
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The Carrier states that the legitimacy of the absences is not at
issue but rather the number of absences over the April-September 1988 period.
It also maintains that it was within the time limits called for within the
30-day provision under the above-cited rule.
The Board has examined the total file, including the record of the
Hearing, and all the supporting arbitration decisions cited by both parties.
The record of absences recorded for the five-and-a-half -month period under
question totals 19: 9 full-day absences and 10 partial absences, ranging from
one-half hour to an hour in some cases to three or four hours in others. That:
record was submitted by the Carrier at the Hearing. Also, the Claimant had
received a letter of warning about his absences in June 1988 following oral
discussion with his Supervisor.
The Board cannot accept the Organization's contention that the Carrier cannot properly include absences due, e.g., to sickness in determining
whether there has been excessive absenteeism. As was noted in PLB No. 2945,
Award 24, "the weight of arbitral authority holds that excessive absenteeism
of an Employee, even if caused by genuine illness, is subject to discipline by
Management . . . because the Employer is entitled to have its work needs accommodated by the Employee force and those Employees who cannot fulfill their
attendance obligations . . . may be disciplined[.j" See also Special Board o1:
Adjustment No. 910, Award 32 and PLB No. 2263, Award 37, both decisions concerning this Carrier.
Nor can the Board accept the Organization's contention that Rule 6-A-3(a) precludes consideration of the Claimant's attendance record during the
April 5 to August 22, 1988 period. Such an unreasonable interpretation of the
rule would make it impossible to charge an employee with excessive absenteeism
covering periods stretching beyond the most recent month. As was noted in
Second Division Award 8546, "[ejxcessive absenteeism necessarily occurs over
a somewhat extended period of time. If the Organization's position were sustained . . . excessive absenteeism could never be the subject of an Investigation, something obviously not intended by the parties." See also Second
Division Award 10268. The three dates cited by the Carrier in its charge,
which were within the 30-day period established by Rule 6-A-3(a), were the
"triggering" dates that prompted it to take disciplinary action; but they did
not preclude the Carrier from relying on the total number of absences during
the previous five-month period in order to establish a record of absences that
were excessive.
The definition of excessive absenteeism is a relative matter and must
be decided on a case-by-case basis. We find that the instances of absences
over the period in question in this case are sufficient to constitute excessive absenteeism. We accordingly affirm the Carrier's action.
A W A R D
Claim denied.
Form 1 Award No. 12302
Page 3 Docket No. 12268
92-2-91-2-67
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J -/er - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of April 1992.