NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22868
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( Texas and Louisiana Lines
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Laborer E. Glasco was without just and
sufficient cause and was wholly disproportionate to the offense with which
charged (System File MW-78-95).
(2) Laborer E. Glasco shall be afforded the remedy prescribed
in Article 14(f)."
OPINION OF BOARD: Claimant was employed as a laborer and had been in
Carrier's service about nine months.
On April 13, 1978, claimant was dismissed from service by the
Division Engineer for being absent from his position without authority on
April 10, 11 and 12, 1978. On April 25, 1978, claimant requested a hearing,
which was scheduled to be held at 9:00 A.M., May 9, 1978. Claimant was not
present at the scheduled time of 9:00 A.M., and the hearing was delayed
until 9:40 A.M., at which time it was commenced, with the understanding
that claimant would be permitted to testify if he had a legitimate reason
for not being present at 9:00 A.M. Claimant did not appear at the hearing.
On May 15, 1978, claimant was notified that the discipline
previously assessed would stand. The General Chairman later advised the
Carrier on July 17, 1978, that claimant had contacted the Organization on
May 15, 1978, and stated that on May 9, 1978, he was on his way to the hearing,
had car trouble, and was unable to be present.
There was substantial evidence adduced at the hearing in support
of claimant's dismissal. It would seem logical that if claimant was actually
interested in his job, he would have contacted the Carrier or the Organization
on May 9, 1978 if he was unable to attend the hearing on that date because
of car trouble.
There is no proper basis for this Board to interfere with the
discipline imposed. ._
Award Number 22816 Page 2
Docket Number MW-22868
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 imrolved 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.
NATIONAL RAILROAD ADJUSTMNT BOARD
By Order of Third Division
ATTEST:
paa/w~t
Dated at Chicago, Illinois, this 18th day of April 1980,
CR.