NATIONAL RAILROAD ADJUSTM T BOARD
THIRD DIVISION Docket Number W-23407
Carlton R. Sickles, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES To DISPUTE:
(St. Ivnis.San Francisco Wlway Company
STATT 0f CLAIK: "Claim of the System Committee of the Brotherhood that:
(1) The discipline assessed Trackman J. C. Johnson for
alleged violation of Rule 189 was without just and sufficient cause
and wholly disproportionate to such charge (System File B-1838).
(2) Trackman J. C. Johnson shall be compensated for all
wage loss suffered."
OPINION OF BOARD: Claimant was dismissed for being absent without
authority on April 23, 1979. Claimant objects
to his work history being taken into consideration by the Carrier in
deciding to dismiss him. The work history was made part of the record,
over the objection of the claimant, in the formal. investigation which
was held on May 29, 1979.
Claimant was subsequently restored to service on August 1, 1979
without pay for the time lost and without prejudice to the claimant's
right to pursue this claim for time lost.
The Carrier may take into consideration the claimant's work
history which may demonstrate a pattern of behavior upon which the
Carrier may judge the incident in question.
We find that the work history of the claimant as well as the
circumstances of the day of dismissal justify the dismissal of the
employe by the Carrier.
On the day of dismissal, the claimant who was employed as a
track man was part of a gang which lived in a bunk car. A bus takes the
employee to the work site each morning. He was awakened three times in
time to catch the bus. The third time he said he did not want to mess
with it and went back to sleep. The claimant had returned to the bunk
car at 5:30 A.M. after partying at a place about 145 miles from the
bunk car.
-- Award Number 23268 page 2
Docket Number W-23407
Two days before, the claimant had missed work because he
claimed he was too sick to Cork.
A review of his vork history reveals that he entered the
service Apr11,20,
1978.
He vas out of service from November
9, 1978
to March 1,
1979
because of unauthorized absence from the gang.
Since his return to service in March, he has continually
missed time. The Carrier has been cooperative and accepted the
excuses proferred by the claimant vhen he has claimed to be sick.
He vas granted vacation time when he hurt his finger and requested
the time off. The Carrier authorised further time off vhen he
claimed he didn't have the money to return from his home to the
job site.
It is obvious from a review of the record that the claimant has demonstrated little regard for h
employment.
The Organization has done a noble job in attempting to
justify each absence separately, but to hold that the Carrier's
cooperative posture should cloud an obvious pattern of absenteeism
is not justified.
The claimant's statement that he overslept and didn't
have time to get dressed, when in fact he vas avakened on three occasions vith time to get dressed,
vas justified in its dismissal action.
FILINGS: The Third Division of the Adjustment Hoard, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the laployes involved in this dispute
are respectively Harrier and Ehiployes within the meaning of the Railvay
Labor Act, as approved June 21,
1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
Atrord Number 23268 Page
3
-- Docket Number 141-23407
That the Agreement vas not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUS7NT BOARD
By Order of Third Division
ATTEST:
_ L~P"Yevm= -
Dated at Chicago, Illinois, this 15th day of April 1981.