NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number bST-22687
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Laborer Walter E. Reichert was without
just or sufficient cause and was extremely disproportionate to the
offense with which charged J_ystem File C(So)-D-500/MG-195.
(2) The decision of dismissal be rescinded and the provisions
of Rule 21(e) shall be applied."
OPINION OF BOARD: On May 11, 1977, claimant was notified to attend an
investigation at 10:00 A.M., May 26, 1977, on charge
of excessive absenteeism, with specific dates in March, April and May
listed in the notice.
Claimant acknowledged delivery of the notice of investigation,
but he did not appear at the investigation, nor did he request postponement of same. The investigati
1977, claimant was notified of his dismissal from Carrier's service.
Claimant's failure to appear at the investigation was at his
peril. There was sufficient evidence introduced to support the charge of
excessive absenteeism.
There is no proper basis for this Board to interfere with the
discipline imposed.
As we have decided the case on its merits, it is not necessary
to pass upon the procedural issues raised.
FINDINGS: The Third Division of the Adjustment Board, uron the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
Award Number 22526 Page 2
Docket Number hb1-22687
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.
rTATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
Lzia~_
Dated at Chicago, Illinois, this 28th day of September
1979.