NATIONAL RAILROAD ADJf15TMNT HOARD
THIRD DIVISION Award Number 23012
Rodney E. Dennis, Referee
(Brotherhood of Railway, Airline and
Steamship Clerks, Freight Handlers,
Express and Station Employee
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATE40T OF CLAIM: "Claim of the System Committee of the
Brotherhood (GL-8782) that:
1. Carrier acted in an arbitrary, capricious, discriminatory
and unjust manner when, without just cause, it assessed a deferred
suspension against the record of Clerk Gail L. Whittaker.
2. Carrier shall now be required to remove and expunge the
fifteen (15) days deferred suspension from the record of Clerk
Gail L. Whittaker and anyy reference thereto."
OPINION OF BOARD: Claimant was assigned as a timekeeper in carrier's
payroll department. On March 29, 1978, claimant was
served with charges of excessive absenteeism. A hearing was held in the
matter on April 6, 1978. As a result of that hearing, carrier assessed
a 15-day deferred suspension as an appropriate penalty. Claimant grieved
the action and the case has progressed for resolution to this board.
The transcript of the hearing has been made a part of the record
of this case. A review of that transcript reveals that claimaat was given
a full and fair hearing and was granted all due process rights required by
contract. The board is also of the opinion from a review of the record
that claimaat was deserving of discipline for her poor attendance at work.
The record shows that claimant was, in fact absent all or part
of 22 days during a period of 58 working days. This level of attendance
cannot be considered acceptable by anyone's standard. Carrier attempted
by counseling to impress claimant with the need to improve her attendance
record. The record shows that no improvement took place. In many
awards involving time and attendance problems, this board has attempted
to impress employes with the need to appear at work on a regular basis.
We have so stated this concept in many different ways and with a variety
of descriptive phrases. Regardless of how it has been stated in previous
awards, excessive absenteeism is unacceptable, and no employer is obligated
to maintain workers in its employ who do not appear for work on a regular
basis. Carrier in this case has not acted in an arbitrary, capricious, or
discriminatory manner and the discipline imposed is appropriate.
Award Number 23012 Page 2
Docket Number CL-22957
FINDIBG3: 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 Employes within the meaning of the Railway
Labor Act, as approved dune 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJDSTNUT HOARD
By Order of Third Division
ATTEST: -
Executive Executive Secretary
Dated at Chicago,
T1"nnin,
this 17th day of October 1980.