NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MS-23911
Josef P. Sirefman. Referee
(Steven R. Fogle
PARTIES TO DISPUTE.
' fConsolidsted Rail Corporation
STATEMENT OF CLAIM: "This is to serve notice, as required by the Rules of
the National Railroad Adjustment Board, of my intention to file an ex pane submission on September 4
unadjusted dispute between me and the Condolidated Rail Corporation involving the question:
Dismissal from employment for days missed (July
9, 10,
17., 12,
Said days were vacation days awarded to me by the
Philadelphia office.
I was dismissed on a second trial without an opportunity
to waiver for suspension rather than discharge. I don't
beleive that this is in full accord with our labor agreement."
OPINION OF
BOARD: Claimant S. R. Fogle, a Trackman., was served with a
notice of hearing dated September 19, 19'(9 in connection
with the charge of unauthorized absences in July and August,
1979·
The
hearing was held on September
25, 1979
and Claimant was dismissed on
October
2, 1979.
A review of the record before this Board establishes that Claimant
was absent without permission during July and August,
1979
Bad that there was
substantial evidence to sustain the Carrier's decision to discipline Claimant.
Given Claimant's prior record of a written warning, a tea day suspension, sad
e previous dismissal only to be returned to service on a leniency-final warning basis, ell for unaut
FILINGS: 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
Iabor Act, as approved June
21, 193;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
Award Number
23995
Page
2
Docket Number
MS-239u
That the Agreement was not violated.
A W A R D
Claim denied.
ATTEST: Acting Executive Secretary
NATIONAL RAILROAD ADJUS24MT HOARD
By Order of Third Division
National, Railroad Adjustment Board
BY
9semarie Bzasch - Administrative Assistant
Dated at Chicago I7linois., this 17th day of September 19c'q.
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\VED
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