NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21628
David C. Randles, Referee
(Brotherhood of
Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
( (former Lehigh Valley Railroad Company)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8098) that:
(a) The discipline entry of sixty
(60)
demerits imposed upon
Scrap Cutter, Mr. George W. Johnson, Jr.., by letter over the signature
of Mr. D. L. Stubbs, Superintendent of Locomotives, at Sayre, Pennsylvania
on September 13,
1974,
following a hearing and investigation held on
September
5, 1974
was unjust, unfair and excessive.
(b) Mr. Johnson's record be cleared of the charge and the
sixty (60)
demerit discipline entry be expunged from his record.
OPINION OF
HOARD: This is a discipline case involving a Scrap Cutter,
Claimant Johnson, working in the Stores Department
facility at Sayre., Pennsylvania, who was charged and found guilty with
being absent from work on four specific dates in August and September,
1974.
He was assessed 60 demerits and the Organization appeals this
discipline.
The transcript submitted to this Board indicates that Claimant
had a "very erratic work attendance" record, even though he had only been
in the employment of the Carrier for a very short period of time, i.e.9
since May,
1973.
The excuses offered by Claimant were vague, frivolous
and lacking in substance and Carrier could properly conclude that Claimant
was a malingerer who was not interested in devoting himself to his railroad
employment. We feel the assessment of discipline was reasonable under
the circumstances..
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;
Award Number 21458 Page 2
Docket Number CL-21628
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 denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
xecutive Secretary
Dated at Chicago, Illinois, this 18th day of arch
1977.
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