NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22449
George S. Roukis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The suspension of ten (10) days imposed upon Machine
Operator G. L. Bower for allegedly 'being absent from duty without
proper authority on September 13, 1976 through and including
September 17, 1976' was without just and sufficient cause, unwarranted and in violation of the Agree
10-20 3/29/77/.
(2) The claimant's record be cleared of the charge placed
against him and reimbursement be made for all wage loss suffered."
OPINION OF BOARD: Claimant appeals a ten (10) day suspension for
allegedly being absent from duty without proper
authorization from September 13, 1976 through September 17, 1976.
He contends that such action was unjust;larbitrary and inconsistent
with Agreement Rule 40(C).
The record in this instance shows that while Claimant
because of illness was allowed to take a one week's vacation from
August 9, 1976 through August 13, 1976, he did not secure further
permission to extend this absence.
After a considerable lapse of time, Carrier then sent him
a certified letter, dated September 8, 1976, advising him to report
to work on Monday, September 13, 1976. The notice read in part,
"It has become apparent that you have missed work
for an extended period of time with no reason or
explanation furnished to this office."
It advised him to report to work on September 13, 1976.
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Docket Number N8i-22449
In response Claimant argues that it was impossible for him
to report to work on that day, since he had only received the letter
on September 13, 1976. He contends that he tried to call his
supervisors to apprise them of his circumstances, but was unable to
make telephone contact with them until late in the afternoon on
September 16, 1976. Because of these conditions he asks that his
record be cleared of the charge preferred against him and that he
be reimbursed for all wage loss suffered.
Cur review of the record which focuses only on the time
period contained in the allegation, indicates that while it was
difficult, if not impossible for Claimant to report to work on
September 13, 1976, since he had just received the September 8, 1976
notice that day, he was under a more compelling obligation to notify
promptly his supervisors of his predicament.
Asserting that he was unable to contact them until September 16, 1976 was not enough. He could h
and directed effort to reach them. His job was at stake and it is
not unreasonable to expect more resourceful efforts to protect it.
Accordingly, having thus found that Claimant was absent
from work without proper authorization, we will not disturb the
penalty imposed.
We have not found any evidence that Carrier acted unreason='
ably, arbitrarily or capriciously when it suspended Claimant for
ten (10) days.
We will 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
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Docket Number NW-22449
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BQAFJ)
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1979.