NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22869
(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 A. R. Washington was without just and
sufficient cause and was wholly disproportionate to the charge leveled against
him (System File MW-78-96).
(2) Laborer A. R. Washington shall now be allowed the benefits
prescribed in Article 14(f)."
OPINION OF BOARD: Claimant had been in Carrier's service about two years
as laborer. On May 18, 1978, he was notified of his
dismissal from the service because of being late for work on April 18,
April 24, and May 16, 1978, in violation of Rule 810 of the General Rules
and Regulations of the Southern Pacific Transportation Company, which reads
in part:
"Employes must report for duty at the prescribed time
and place They must not absent themselves from
their employment without proper authority.
"Continued failure by employes to protect their employment
shall be sufficient cause for dismissal
"
Claimant requested a hearing, which was scheduled for 9:00 A.M.,
May 31, 1978. The hearing was conducted as scheduled and on June 2, 1978,
claimant was notified that his dismissal would stand. A transcript of the
hearing has been made a part of the record.
We have carefully reviewed the transcript of the hoaring. There
was substantial evidence adduced in support of claimant's dismissal. The
record also shows that claimant had been disciplined on three previous
occasions for violation of Rule 810. He was assessed demerits on two
occasions and dismissed on one occasion and subsequently reinstated.
Apparently the prior discipline did not have the desired results.
There is no proper basis for the Board to interfere with the
discipline imposed. __
Award Number 22817 Page 2
Docket Number M57-22869
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
/,2M
PA&1.!9L,-
7Execiltive e*etary
Dated at Chicago, Illinois, this 18th day of April 1980,
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