NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number M1-22863
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( Texas and Louisiana Lines
STATEMENT OF CIAM "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Machine Operator J. A. Sterrett III was
without just and sufficient cause and was arbitrarily and capriciously
imposed (System File MW-78-94).
(2) Machine Operator J. A. Sterrett III shall be afforded the
remedy prescribed in Article 14(f)."
OPINION OF BOARD; Claimant was employed as a machine operator. On
April 4, 1978, he was notified by Carrier's Manager,
Work Equipment:
"For absenting yourself from your employment since
January 20, 1978 without proper authority, which is in
violation of Rule 810 of General Notice, General Rules
and Regulations of the Maintenance of Way and Structures
of the Southern Pacific Transportation Company, you are
dismissed from the service of the Company.
Let me have any Company property you may have in your
possession."
The claimant requested a hearing which was scheduled to begin
"at 9:00 A.M. on Tuesday, May 2, 1978, in Office of Division Engineer,
1174 East Commerce St., San Antonio, Texas."
The hearing was held as scheduled, beginning at 9:09 A.M.,
May 2, 1978. Claimant was not present at the hearing, although the record
shows that he had been in the Division Engineer's office, San Antonio, at
8:40 A.M., on May 2, 1978, but prior to the beginning of the hearing he
elected to leave, and was not present to testify at the hearing. The
hearing was conducted in his absence and on May 8, 1978, he was advised
by the Manager, Work Equipment, that his dismissal was sustained.
Claimant's failure to attend the hearing for 9:00 A.M., May 2,
1978, was at his peril. --
Award Number 22815 Page 2
Docket Number MW-22863
On the record before it, there is no proper basis for the Board
to interfere with the discipline imposed by the Carrier.
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 Employee involved in this dispute are
respectively Carrier and Employee 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 ADJUSTMENT BOARD
By Order of Third Division
ATTEST;
Executive Secretary
Dated at Chicago, Illinois, this 18th day of April 1980,
C,
