NATIONAL RAILROAD ADJUSZMENT BOARD
THIRD DIVISION Docket Number MW-23202
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STAT34M OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of James T. Parham for alleged absenteeism
was without just and sufficient cause (System Docket LV-115).
(2) James T. Parham shall be reinstated with seniority and all
other rights unimpaired and he shall be compensated for all wage loss suffered."
OPINION OF HOARD: The Claimant, Mr. J. T. Parham, was employed by the
Lehigh Valley Railroad, now part of the Consolidated Rail
Corporation, as a trackman. On April 20, 24, 25, May 2,
3, 4, 8, 9, 10, 11
and
15, 1978,
while assigned to Rail Gang No. 120, was absent without permission. On May
15, 1978,
Carrier notified Claimant by letter that he was absent
on the above listed dates without authority and, therefore, was in violation
of the Agreement between the Trustees of the Consolidated Rail Corporation
and the Brotherhood of Maintenance of Way Employes* The Carrier received ,
no response to its letter. On June 20,
1978,
Carrier notified Claimant by
certified mail to attend a hearing and investigation on July
6, 1978:
" to determine your responsibility, if any,
in connection with your failure to comply with
the provisions of Rule
801
of the former Lehigh
Valley Railroad Company Book of Rules."
Claimant ignored the notice and did not appear at the hearing and investigation
on July
6, 1978,
which was held in absentia with Claimant's duly accredited
representative present. Copy of the transcript of the hearing was made a part
of the record. A careful reading of the transcript indicates the hearing to
have been fair and impartial, none of Claimant's rights were violated.
The applicable paragraph of Rule
801
reads as follows:
"801.
Employes must not be absent from duty without
permission, nor exchange duties or substitute other
employes in their places without proper authority."
Award Number 23121
Docket Number
MW-23202
Page
2
The record clearly shows Claimant was absent from his assigned duties oz the
dates indicated without permission in violation of the quoted rule.
Subsequent to the hearing. Claimant contended he was ill on the
days in question and provided a statement from his doctor dated July
28, 1978,
indicating that he had seen the Claimant on May
27, 1978,
with Hay Fever Allergy,
and stated he was able to return to work on June 1,
1978.
Claimant had ample opportunity to inform his supervisor of his condition prior to the hearing an
plea of illneas, and, we, therefore, must docline the claim.
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 Isbor 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.
Claim denied.
ATTEST:
ld~I~ P~
RA'1'10UD RAILMAD ADTU8'DM BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 15th day of January
1981.
