NATIONAL RAILROAD ADJUS`IMENT BOARD
THIRD DIVISION Docket Number
MW-23470
(Brotherhood of Maintenance of Way Employes
PARTIES 7n DISPUTE:
(Southern Pacific Transportation Company
((Texas and Louisiana Lines)
STATEMENT OF
CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman Baron Goodman for 'being absent from
your employment on August
3, 1979
was unwarranted and. excessive (System File
MW-79-130).
(2)
Trackman Baron Goodman shall be reinstated with seniority and
all other rights unimpaired and he shall be compensated for all wage loss
suffered."
OPINION OF BOARD: Claimant was employed by the (terrier as a track laborer,
and had been employed approximately four years, eight months.
He was dismissed from service for being absent without proper authority. The
record shows that the claimant called the District Manager the evening of
August
3
and requested permission to be absent from duty on August
3.
This was
improper; he should have called in advance of his absence and not afterwards.
On August
3, 1979,
the Carrier's Regional Maintenance of Way Manager
notified claimant by certified mail at his last known address:
"You are dismissed from the service of Southern Pacific
Transportation Company for being absent from your employment
on August
3, 1979
as track laborer, Lafayette Division,
without proper authority, which is in violation of Rule
810
and 811 of General Rules and Regulations of Generi£1
Notice effective April 1,
1978,
of Southern Pacific
Transportation Company., which reads as follows:
Rule 810. 'Employee must report for duty at
prescribed time and place, remain at their post
of duty, and devote themselves exclusively to
their duties during their tour of duty. They
must not absent themselves from their employ- __
meat without proper authority...'
Award Number
23353
Page
2
Docket Number
MW-23470
"Rule 87.1. 'Employes must not absent themselves from their place, substitute others
or exchange duties without proper authority...'
"Please surrender any company property you may
have in your possession to the Roadmaster's Office
at Avondale, Louisiana."
The above letter to the claimant was returned, marked "Moved, left
no address," as was another certified letter sent to claimant on August 10,
1979.
There is no evidence in the record that claimant had notified the
Cattier of any change in address.
Based upon the record as it exists, there is no proper basis for this
Board to interfere with the discipline imposed by the Carrier, i.e., dismissal.
FINDINGS: 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 Employes involved in this dispute are
respectively Carrier and Employes within the waning 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 was not violated.
A W A R D
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Claim denied.
NATIONAL RAILROAD ADJUS'1'-'`. .
By Order of Third Division
ATTEST:
alveA~ele~
Dated at Chicago, Illinois, this 14th day of August 1981.