NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20177

THIRD DIVISION Docket Number MW-20384

Joseph Lazar, Referee

(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) The dismissal of Carpenter Helper J. Jackson, Jr. for failing to report for duty and being off without permission from proper authority on July 17, July 1 severe and wholly disproportionate to the offense with which he was charged (System File 1-16/D-104288).

2. Carpenter Helper J. Jackson, Jr. be reinstated with seniority, vacation and all other rights unimpaired and that he be compensated for all wage loss suffered, all in accordance with Rule 27(f).

OPINION OF BOARD: Our review of the record shows that Grievant, by
his own admission, and despite repeated warnings,
was absent from his assignment without permission on July 17, 18, and
19, 1972, as charged. Absenteeism is a serious matter. As stated in
Award No. 14601 by Referee George S. Ives,

"Unauthorized absences from duty, if Proven, are serious offenses, and often result in dismissal from service."

Mitigating circumstances, however, are present. Grievant had lost some 50 pounds in an illness at the time; had called his Foreman's home at 4:00 a.m., July 18, talked to his Foreman's wife and mistakenly believed this gave him permi previously actually disciplined for being absent without permission, and, apparently, did not clearly understand the procedures necessary for obtaining permission to be off. In view of the mitigating circumstances under the circumstances should be reinstated and restored to service with seniority and other rights unimpaired, but shall not be compensated for any loss of time.

I

Award ::umber 20177 Page 2

Docket Number MW-20384

FL~'DINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an

That the discipline imposed was excessive.

A Td A R D

Carpenter Helper J. Jackson, Jr. shall be reinstated and restored to service with seniority and other rights unimpaired, but shall not be compensated for any loss of time while out of service.

NATIONAL RAILROAD ADJITST?rr^7T ,RnAR,)

By Order of Third Division

ATTEST:

__

7.,~-ecut~ec. Secretary

. Dated at Chicago, Illinois, this 15th day of march 1974.