NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21681
Robert M. O'Brien, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CIA114: Claim of the System Committee of the Brotherhood
(GL-8208) that:
1. Carrier violated the terms of the Agreement effective May
15, 1972, particularly Rule 21, when under date of November 15, 1974 it
notified Ms. L. E. Lowe, Key Punch Operator at Ravenswood, that she was
dismissed from service effective 5:00 P.M., November 15, 1974, and;
2. Carrier shall be required to compensate Ms. L. E. Lowe
account such dismissal from November 15, 1974 forward until she is reinstated, for all time lost, to
under the applicable Agreements.
OPINION OF BOARD: Following a hearing held on November 11, 1974, Claimant
was notified that she was dismissed from service effec
tive November 15, 1974 due to her excessive absenteeism. At the hearing,
Claimant proffered several reasons which she claims justified her absence
from duty on October 7, _8, 10, 15, 22 through November 1, 1974. She did
admit, however, that she had been warned about her excessive absenteeism
in the past. In fact, she had been disciplined six times in the past
three and one-half years for her excessive absenteeism.
We believe
the record manifestly supports the conclusion that
Claimant has
been
guilty of
excessive
absenteeism. Carrier concluded that
it could not accept the reasons proffered by Claimant which, she contends,
justified her most recent absences. In reaching this conclusion, we cannot
say that Carrier erred. Their decision was based on substantive evidence
and we are, therefore, loath to substitute our judgment for that of the Carrier.
We must find, however, that Claimant is entitled to one last
chance with the Carrier. If upon being reinstated, Claimant's attendance
record does not significantly improve, then her discharge would certainly
be warranted. Claimant has been out of service for approximately two
years. We, therefore, order her reinstated with her seniority unimpaired
but without any wages lost save for a period of sixty days. Said discipline,
this Board submits, is commensurate with her clearly established record
of excessive absenteeism.
Award Number 21392 Page 2
Docket Number CL-21681
FINDINGS: 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 within the meaning of the Railway
Labor Act, as approved June 21,
1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim disposed of per the Opinion of the Board.
NATIONAL RAILROAD
ADJUSTMENT
BOARD
$y Order of Third Division
ATTEST: ~iI/(/Executive Secretary
Dated at Chicago, Illinois, this 28th day of January 1977.
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