Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13156
Docket No. 13032
97-2-95-2-59
The Second Division consisted
of
the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(International Association
of
Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore &
( Ohio Railroad Company)
STATEMENT OF CLAIM:
"1. That, in violation
of
the current agreement, CSXT (former
Baltimore & Ohio Railway Company) arbitrarily disciplined
Machinist R. W. Faidley by unjustly assessing a ten (10) working
day suspension. The suspension was effective June 24, 1994.
2. That, accordingly, CSXT be ordered to compensate Machinist
Faidley for all time and benefits lost and clear his record of all
reference to this charge."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 13156
Page 2 Docket No. 13032
97-2-95-2-59
Parties to said dispute were given due notice of hearing thereon.
At the time this dispute arose, Claimant was employed at the Cumberland
Locomotive Shop in Cumberland, Maryland. On May 25, 1994, Claimant was notified
to appear for an Investigation concerning the following:
"..You are charged with excessive absenteeism and failing to protect your
regular work assignment, on January 3 & 4, 1994; February 11 & 12,
1994; March 4 & 25, 1994; April 8 & 15, 1994; and May 7, 15, 21 & 22,
1994."
The Hearing was postponed at Claimant's request and he failed to attend the
rescheduled Investigation. The Carrier then conducted the Hearing in absentia.
Claimant offered neither his Organization, nor the Carrier an explanation for his
absence from the Hearing.
As the Board noted in Second Division Award 13147, it is not unreasonable for
Carrier to proceed where the Claimant has been properly notified of the Hearing and,
without stating a reason, elects to absent himself from the Investigation. A careful
review of the record before the Board reveals that the Carrier met its burden of
persuasion in this case. Carrier has shown that Claimant had 12 absences in four
months. Furthermore, it is undisputed that of those 12, three were unexcused. In light
of the foregoing, the Board sees no reason to remove or modify Carrier's assessment of
a ten day suspension.
AWARD
Claim denied.
Form 1 Award No. 13156
Page 3 Docket No. 13032
97-2-95-2-59
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Second Division
Dated at Chicago, Illinois, this 8th day
of
September 1997.