NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number NW-23037
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhpod that:
(1) The dismissal of Trackman Eddie Lee Curry was without just or
sufficient cause and wholly disproportionate to the offense with which charged
/System File C-4(13)-ELC/12-39(78-9) J//.
(2) Trackman Curry's personal record shall be cleared of the charge
levelled against him; he shall be returned to service with seniority and all
other rights unimpaired; and, he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Prior to his dismissal, claimant was employed as a
trackman, and was assigned to Section Force 5512, headquartered at Eastover, South Carolina.
On Friday, September 30, 1977, claimant did not report for duty at
his regularly scheduled time. He did not report for duty on October 3 through
October 7, 1977.
Paragraphs (b) and (c) of Rule 17 of the applicable Agreement provide:
"(b) An employee desiring to be absent from service must obtain
permission from his foreman or the proper officer. In case an
employee is unavoidably kept from work, he must be able to furnish
proof of his inability to notify his foreman or proper officer.
"(c) An employee off duty account of sickness or for arty-other
good cause must notify his foreman or the proper officer as early
as possible. In case of sickness or injury they will not be
required to secure leave of absence to protect their seniority,
but may be required to furnish proof of disability." -
When claimant reported for duty on October 10, 1977, he stated that
he was just "tired". He did not claim to have been sick, or that he had gone
to a doctor. On October 7, 1977, he was notified:
Award Number 22958 Page 2
Docket Number MW-23037
"Account of your actions on Friday, September 30, and during the
entire week of October 3 when you were absent form duty without
permission and when, on some of those days, you failed to notify
the railroad concerning your absence, you are hereby charged with
violation of Rule 17, paragraphs (b) and (c) of the agreement
between the Seaboard Coast Line Railroad Company and the Brotherhood of Maintenance of Way Employees
of the rules are quoted below:
(Paragraphs,(b) and (c) of Rule 17 quoted)
"Hearing on these charges will be given you in the office of the
Roadmaster, Sumter, S. C., 1;30 PM, Tuesday, October 11.
"You may have representation if you so desire in accordance with
the agreement under which you are employed and you may arrange
to have present any witnesses who have knowledge of the matter.
"Your personal file will be reviewed at the hearing."
The investigation was conducted as scheduled, and on November 2, 1977
claimant was notified of his dismissal from service. A copy of the transcript
of the investigation has been made a part of the record.
The Board has carefully reviewed the transcript of the investigation
and we find that none of claimant's substantive procedural rights was violated.
There was substantial evidence adduced at the investigation in support of the
charge against the claimant.
The record also shows that claimant had previously been disciplined
on a progressive basis for similar offenses.
The claimant's actions in the present case, coupled with his prior
record, justified the Carrier in imposing the discipline tha6·it did.
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;
Award Number 22958 Page 3
Docket Number TEd-23037
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 28th day of August 1980.