NATIONAL RAILROAD ADJUS'31ZNT BOARD
THIRD DIVISION Docket Number
SG-23951
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATFKLPIT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Seaboard Coast Line Railroad Company:
On behalf of Mr. T. A. Razzano, who was suspended
45
days, January
14,
1930,
through February
27, 1980,
following investigation held at Jacksonville,
Florida, December
17, 1979."
(Carrier file:
15-47(80-1)
H) (Sig. file
3370)
OPINION OF BOARD: The Claimant was assessed a
45-day
suspension for failure
to report for duty and absence from duty without permission,
in violation of Operating Rules.
The Organization challenges the validity of the suspension on two
grounds: that the record does not support the charge; and that the disciplinary
procedures were not fair and impartial.
The Claimant was absent from his assignment in Sebring, Florida, on
November
30, 1979,
without prior notice to the Carrier. He did not notify his
superior of the reason for his absence until four hours after his scheduled
starting time.
The Claimant's justification for the delayed notification is that he
became i11 the previous evening and was still feeling sick in the early morning.
He decided to drive to his home in Jacksonville, an estimated
180
miles from
his assigned headquarters. While on the road, he tried once to call his
supervisor but was unable to reach him. About noon, within
15
minutes after
his arrival home, he called and told his supervisor he was sick and needed permission to be absent f
Having reviewed the record, the Board concludes that the investigation
was fair and imraxtial and that the charges are
supported
by substantial evidence
of a probative nature. We also find the discipline to be reasonable in the
particular circumstances.
As this and other Divisions have often stated, w-wecorted absence
from work, even for a few hours, disrupts railroad operations, Failure to _i-re
notice as soon as possible of inability to report for work as scheduled is properly considered a ser
0cerating rules sake this clear.
Award Number 23960 Page 2
Docket Number SG-23951
The Claimant has not shown that he was too sick, or that he had
no reasonable opportunity, to give notification of his absence at the
earliest possible time. According to his testimony, the Claimant was
aware of the notification requirements but nevertheless chose to delay
complying with them for four hours after the start of his workday. It
was then far too late to obtain permission for the four elapsed hours.
In view of the nature of the offense and the Claimant's past record of absences, the Board canno
in the investigative hearing for the sole purpose of providing a relevant
basis for assessing discipline if the particular charges were later to be
sustained. The Organization's contention of impropriety is thus without
merit.
Accordingly, we will deny 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 Employee involved in this dispute
are respectively Carrier and Employes within the meaning 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
Claim denied.
NATIONAL RAILROAD ADJUSTIENT HOARD
By Order of Third Division
ATT3ST: Acting F,:'cecutive Secretary
National Railroad Adjustment Board
By , ~ ~, .
RDSemarie Hrasch - Administrative Assistant
Dated Iat Chicago, Illinois,
this 76th any o_° Aagu7t.
X9-^2,