NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21684
David C. Randles, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( Texas and Louisiana Lines
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track Laborer Carl Gotch was without just
and sufficient cause and in violation of the Agreement (System File MW75-49).
(2) The hearing held on the aforesaid dismissal was not fair
and impartial as required by Article 14 (b) of the controlling Agreement.
(3) Track Laborer Carl Gotch shall be restored to service with
pay for time lost and with all seniority rights unimpaired.
OPINION OF BOARD: Claimant was discharged from the service of the Carrier
effective May 12, 1975, for tardiness and absenteeism.
We have reviewed the record on the property and found that there is substantial evidence to find:
(1) that there was just and sufficient cause
to dismiss Track Laborer Gotch
(2) that the contractual procedures for imposing
the discipline and notification thereof were
followed
(3) that full and complete opportunity was given
the claimant and his representatives to present evidence, witnesses and testimony, and
that none of his rights were capriciously or .
arbitrarily violated.
The claimant in this matter did not refute or deny the charges of
absenteeism or tardiness; however, the Organization challenges the inclusion
of evidence in the record pertaining to the entire work history of the employe. The admissibility of
absence and tardiness contained in the specific charges but was related to
the appropriateness of penalty. Such use of the entire work history is
supported by precedent in the findings of the Board.
Award Number 21461
Docket Number MW-21684
Page 2
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
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; an
That the Agreement was not violated.
A W A R D
Claim denied.
ATTEST:
1__Z Ale
PAaA~
Executive Secretary
Dated at Chicago, Illinois, this 18th day of
NATIONAL RAILROAD ADJUSThIENT BOARD
By Order of Third Division
March
1977.
