NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22682
(Southern Railway Company
PARTIES TO DISPUTE:
. (Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
STATEMENE OF CLAIM: Carrier did not violate the agreement with the
Brotherhood of Railway, Airline and Steamship
Clerks as alleged, when it dismissed Mr. K. F. Watkins, Data Input
Operator, MIS Department, Atlanta, Georgia, from the service of the
Carrier for cause on August 31, 1977.
Since the agreement was not violated, Mr. Watki.ns is not
entitled to be restored to the service of the Carrier and be compensated for all time lost beginning
as claimed for and in behalf of Mr. Watkins by the Clerks'
Organization.
OPINION OF BOARD: This dispute, submitted to the Board by the
Carrier, involves the dismissal of K. F. Watkins,
a Data Input Operator in Carrier's MIS Department, Atlanta, Georgia,
with assigned hours 11:00 p.m. to 7:00 a. m.
Claimant had a seniority date of February 16, 1977.
On August 12, 1977, Carrier's Manager Data Service
telephoned Mr. Watkins (claimant) to discuss the latter's excessive
absenteeism. Mr. Watkins had been absent since July 19, 1977,
with the exception of one day. Mr. Watkins returned to work on
August 18, 1977, with a statement from his doctor to the effect that
Mr. Watkins had been under his care and that he could return to work
on a full-time basis on August 19, 1977. After working on August 18,
Mr. Watkins failed to work at all between August 19 and August 31,
1977. During this period Mr. Watkins did not personally contact his
supervisors to inform them that he would not be present.
On August 31, 1977, Carrier's Manager Data Service wrote
Mr. Watkins and dismissed him from
the service
for not complying
with instructions to personally contact his supervisors when
reporting off work and abandoning his position as Data Input Operator.
Award Number 22738 Page 2
Docket Number CL-22682
A hearing was requested by representative of the organization,
in accordance with the provisions of the applicable Agreement. Hearing
was scheduled for September 20, 1977 and
postponed and
rescheduled
for September 27, 1977. A copy of the transcript of the hearing has
been made a part of the record. Following the hearing, the rgpresentative of the Organization was no
that the dismissal of Mr. Watkins was upheld. Claim was then
initiated by the organization that Mr. Watkins be restored to the
service with all rights unimpaired and with pay for all time lost
beginning August 31, 1977. The claim was progressed in the usual
manner on the property, and is properly before the Board for
adjudication.
The Board has carefully reviewed the entire record, including
the transcript of the hearing conducted on September 27, 1977. The
record shows that Mr. Watkins had previously been instructed on
several occasions that he was to personally notify his supervisors
when it was necessary for him to be off. Mr. Watkins had also
previously been suspended for thirty days for not protecting his
assignment on two days and not notifying his supervisors that he
would be absent from work. It is also noted that Mr. Watkins' work
attendance record during his rather short period of service was far
from satisfactory.
Based upon the entire record, the Board does not find the
Carrier's actions in dismissing Mr. Watkins from service to be
arbitrary,,capricious or in bad faith. The claim of the Carrier
will be sustained.
FINDINGS; The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon,
and upon the whole record and all the evidence, finds and holds;
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
aver the dispute involved herein; and
Award Number 22738 Page 3
Docket Number CL-22682
That the Agreement was not violated.
A W A R D
The dismissal of Mr. K. F. Watkins upheld.
NATIONAL RAILROAD ADTUSnENT BOARD
By Order of Third Division
ATTEST:~(/
Executive Secretary
Dated at Chicago, Illinois, this 29th day of February 1980.