NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number Mid-22388
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Trackman E. Gilbert was without just
and sufficient cause and was arbitrarily and unreasonably imposed.
(System File B-1688/R-20692)
(2) The claimant shall be restored to service with
seniority rights unimpaired and with pay for all time lost, all in
conformance with Agreement Rule 91(b)(6)."
OPINION OF BOARD: The Claimant had been in the Carrier's employ
for about 3 months when he was dismissed for
excessive absenteeism without permission of, or notification to,
his supervisor. Claimant's explanations for his absences--ll days
in all--were unconvincing.
The record also indicates that during part of the period
when he was away from his assignment he was arrested and pleaded
guilty to charges of possession of marijuana and paraphernalia.
Claimant's abseenteeism record, considering his status as
a new employe, is deplorable. It is indicative of a lack of
responsibility and concern towards his job and the requirement to
show up regularly for his assigned tours of duty. Avery fundamental
rule in any employment relationship is the duty to report regularly
for work. The Board has on many occasions, too numerous to cite,
upheld the principle that unauthorized absence from duty during
assigned hours is a serious offense and frequently results in dismissal from service.
In addition, conviction of a crime such as possession of
marijuana is sufficient grounds for dismissal. The issue is not a
Award Number
22383
Page 2
Docket Number IR·1-22388
new One and has been dealt with before. This Board has also
previously held that confinement in jail does not constitute
unavoidable absence for good cause.
Under all the circumstances here present, and in the
light of well-established Board holdings in analogous situations,
we find no justifiable reason for disturbing the action taken
by the Carrier and, accordingly, we must deny the claim.
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 denied.
NATIONAL RAILROAD ADJUSTNENT BOARD
By Order of Third Division
ATTEST:
~~
G/[/'I~.~
Executive Secretary
Dated at Chicago, Illinois, this 16th day of April
1-979:._----..