NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22970
Rodney E, Dennis,
Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the National Railroad Passenger
Corporation:
MEC-BRS-SD-2D - Appeal of the discipline of dismissal assessed
against A. Lawrence, Assistant Signalmen, New York, New York."
OPINION OF BOARD: Claimant entered the service of carrier as an assistant
signalman on June 20, 1977. After an investigation
for an alleged violation of Rule K (excessive absenteeism), he was discharged from service on Septem
September 8, 1978, and the transcript of that hearing is part of the record
of the present case. The Board has carefully reviewed the entire record
and finds that all of the claimant's substantive procedural rights have
been afforded him.
The facts
of
the instant dispute are not in contention. Claimant
was absent from work on July 20 and 26 and on August 18, 22, 24 and 28, 1978.
He did not notify the company of his intent to be absent on four of these
occasions and gave unacceptable reasons for his absence on two of the days.
These actions, by themselves, would call for severe discipline and perhaps
even discharge. When these incidents are viewed together with claimant's
total work record on time and attendance, the case against claimant is
overwhelming.
Claimant had had three formal trials for previous incidents of
excessive absenteeism. One resulted in a ten-day suspension.'- He also was
served with
three formal notices cautioning him about his attendance record.
This Board thinks carrier has been exceedingly patient with
claimant and has attempted, through counseling and progressive discipline,
to impress him with his responsibility to appear at work on a regular basis.
He has not responded to carrier's attempts to rehabilitate him and this
failure to respond has resulted in his discharge.
Award Number 22838
Docket Number SG-22970
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;
Page 2
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 has not been violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 16th day of May 1980,