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NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 22460
THIRD DIVISION Docket Number MW-22638
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(New Orleans Public Belt Railroad
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Bridgeman-Helper J. J. Trumbaturi
was without just or sufficient cause and it was exceedingly disproportionate to the offense with whi
(2) The hearing held on October 31, 1977 was neither fair
nor impartial because the claimant's past work record was recorded
therein.
(3) Because of either or both (1) and/or (2) above, the
Carrier shall restore Claimant Txumbaturi to service and extend to
him all the other remedies and benefits prescribed in Rule 16(f)."
OPINION OF BOARD: Claimant, a bridgeman helper, was dismissed
from Carrier's service on October 5, 1977, as
a result of absenteeism. Hearing was requested by claimant and
scheduled for October 19, but was postponed to October 31, 1977,
at the request of an officer of the Organization.
The Board has carefully reviewed the transcript of the
hearing conducted on October 31, 1977, and find that none of
claimant's substantive procedural rights was violated. The
inclusion of claimant's past work record was not in violation of
the agreement or prejudicial to claimant.
In the hearing evidence was presented that claimant did
not notify the Bridge Department of his absence on October 4 and 5,
1977. The claimant's past record with respect to absenteeism was
anything but satisfactory. He was previously discharged on two
occasions for unauthorized absences and later reinstated in each
instance. He was also given three warning letters concerning his
excessive absenteeism. Based upon the record, we agree with the
Award Number 22460
Docket Number NW-22638
observation of the Carrier that claimant was a habitual offender
concerning absenteeism.
There is no proper basis for this Board to disturb the
discipline imposed.
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 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.
ATTEST:
Executive ecretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of July
1979.
