NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21683
David C. Randles, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman S. L. Perkins was without just and
sufficient cause (System File A-3/2-MG-1410).
(2) Claimant S. L. Perkins be accorded the benefits prescribed
in Agreement Rule 48 (e).
OPINION OF BOARD: After an investigation held on February 27, 1975, S. L.
Perkins, Trackman, was dismissed from service for being
absent from duty without permission from proper authority from September,
1974, up to and including February 5, 1975.
On April 21, 1975, the General Chairman of the Brotherhood appealed
the decision with the request that Mr. Perkins be returned to service with
seniority unimpaired. The Carrier reaffirmed its position, and subsequently,
the Brotherhood presented its claim to the Board. The Claimant alleges that
there was perjured testimony; however, in that this was not contained or
appealed on the property, said claim is not properly before this Board. Additionally, Claimant alleg
cause. The record on the property as well as the transcript of the investigation reveal that the Cla
(1) was absent from work without authorization
(2) returned all his railroad equipment
(3) made statements to witnesses that he did not intend to
work for the railroad
(4) was employed by two other employers during the period
of his absence
(5) was aware of rule 804 of the C&0/B&0 Operating Book of
Rules which states: "that an employe may not be absent
without permission from proper authority."
The investigation and the record on the property sustain the dismissal
of Trackman S.L. Perkins for just and sufficient cause.
Award Number 21460 page 2
Docket Number MW-21683
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
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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTIEENT BOARD
By Order of Third Division
ATTEST:/ ~'
Executive Secretary
Dated at Chicago, Illinois, this 18th day of March
1977.
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