NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MW-24284
Robert W. McAllister, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
Consolidated Rail Corporation (former Penn Central
Transportation Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of James Leak, Jr. for 'Unauthorized absenteeism
on the following dates: November
28, 29, 30, 1979'
was excessive and without
just and sufficient cause (System Docket No.
534).
(2)
James Leak, Jr. shall be reinstated with seniority vacation and
all other rights unimpaired and he shall be compensated in compliance with
Agreement Rule 6-A-1(d)."
OPINION OF BOARD: James Leak, Jr., the Claimant, was dismissed from service
for unauthorized absenteeism. The Claimant was employed as
a truck driver with seniority since January
22, 1976.
The Absences which caused Claimant to be so charged occurred on November
28, 29,
and
30, 1979.
The Organization asserts the transcript supports a finding
Claimant notified the Carrier of his reasons prior to the absences. The Organization
argues in the alternative that, assuming arguendo the Claimant was absent from
duty without proper authority, the supreme penalty of discharge is excessive and
not commensurate with the offense.
This Board, after reviewing the transcript, concludes the Claimant did
not receive permission to be absent on the three days involved. Despite claims
of discrimination and harassment, we agree with the Carrier's conclusion and find
absolutely no evidence of such arbitrary conduct other than Claimant's assertions
made at the trial. By Claimant's own admission, he acknowledged his absences,
but provided no evidence of having secured authorization for the absences.
Having so found, this Board now addresses the Organization position
concerning the degree. of discipline. We find the Carrier's consideration of
Claimant's lengthy past record in determining the extent of disciplics to be
proper and necessary. The evidence adduced sustains the Carrier's findings and
justifies the imposition of discipline. The consideration of prior corrective
action is, as stated above, an essential step in the use of progressive discipline.
Considering, the Carrier's expectation that employes work on a regular basis, the
Board finds the Carrier did not act in an unreasonable manner.
FILINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
Award Number 24252~1~
Docket Number NW-21+284
Page 2
That the Carrier and the Employes 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.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Third Division
By
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 23rd day of March 1983.
13
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2 31983
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