Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13279
Docket No. 13232
98-2-96-2-144
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(International Association of Machinists and
( Aerospace Workers (District 19)
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Dispute - Claim of Emplovee:
That Consolidated Rail Corporation arbitrarily and capriciously
dismissed Machinist Robert J. Barlow following trial held in absentia on
August 18, 1995.
Accordingly, :Machinist Robert J. Barlow should be immediately
restored to service. paid for all time lost. including overtime. be credited
for any and all fringe benefits that would have accrued had not the unjust
discipline been imposed, and have his record cleared of any reference to
the charges."
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 11, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Form 1 Award No. 13279
Page 2 Docket No. 13232
98-2-96-2-144
Parties to said dispute were given due notice of hearing thereon.
Claimant was dismissed from the service of Carrier on September 7, 1995 as a
result of an Investigation held on August 18, 1995. Claimant was found to have been
absent without authority for 14 days in late June and early July 1995.
Claimant had only six months of service at the time of the absenteeism, and did
not attend the Investigation.
The Organization has made many procedural objections. However. a review of
the transcript reveals the Claimant received a fair and impartial Hearing.
There is no question the Carrier proved the Claimant was absent without
authority. Claimant was a relatively new employee, and this Board will not change the
actions of the Carrier in this case.
AWARD
Claim denied.
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 18th day of Mav 1998.