NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24357
Robert W. McAllister, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(hake Superior & Ishpeming Railroad Company
STATEMENT OF CIAM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Sectionman D. R. Swenar for alleged violation of
Rule '0-2' on October
31, 1980
was without just and sufficient cause, excessive
and wholly disproportionate to the charge levelled against him.
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant, Sectionman D. R. Swenor, was initially hired by
Carrier as a laborer on May 17,
1973.
Carrier discharged
Claimant for violation of Company Rule 0-2 in that he failed to report to work
on October
31, 1980.
The Organization argues Claimant actually attempted to
notify his foreman concerning his need to be absent on October
31.
It contends
the assessment of the supreme penalty is excessive and without just and suffidient
cause.
The record discloses Claimant testified he overslept on October
31,
1980,
and three hours after starting time, looked for the crew, but did not find
it. He admitted he had no permission to be off. The Board is satisfied Claimant
was provided a fair and impartial hearing, and the evidence substantially supports
Carrier's action. Examining the penalty imposed, this Board takes note of
Claimant's lengthy record of discipline for similar offenses. The Carrier has
a right to expect employes to show up for work, and at the minimum, secure
authorization for absence. Considering the charge before us, we cannot view the
Carrier's decision to discharge as an excessive or disproportionate penalty.
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 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.
Award Number 24258 Page 2
Docket Number MW-24357
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
Rosemarie Breach - Administrative Assistant
Dated at Chicago, Illinois, this 23rd day of March
1983.
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