NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24170
Edward L. Suntrup, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT CF CIAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman K. A. Covent for being absent from work 'on January 2,
1980, without proper permission and/or authority' was excessive and wholly disproportionate to the o
with which charged (Carrier's File S 310-334).
(2) Trackman K. A. Covent shall be reinstated with seniority, vacation and all other rights
unimpaired and he shall be compensated for all wage loss suffered including holiday pay."
OPINION OF BOARD: Claimant, Mr. K. A. Covent, entered service of the Carrier as
a trackman on July 7, 1976. On January 10, 1980 he received
notice to report for formal investigation on January 17, 1980 to:
"develop the facts and place responsibility, if any, in connection with (his) absenting
(himself) from (his) duties as trackman on Gang 54.92, working Longview Subdivision,
on January 3, 1980, without proper permission and/or authority."
The hearing date was subsequently postponed and rescheduled for February 5, 1980. Claimant did not
attend this hearing. On the same date a second hearing was held to attempt to determine why Claimant
also did not attend the hearing originally scheduled for January 17, 1980 which was the reason why t
hearing was rescheduled for February 5, 1980.
By letter dated February 6, 1980 Claimant vas notified by the Carrier that he was dismissed
from service.
A
review of
the transcripts of both hearings indicate that sufficient substantial evidence is
present to warrant the discipline imposed by the Carrier. There is unrefuted testimony that Claimant
return to work at 6:30 P.M. on January 2, 1980 as he was instructed to do, nor did he make any attem
notify the Carrier that he could not cover his assignment on that day. This Board has gone on.record
numerous times to the effect that absence without authority can merit discharge from service (See Th
Division 10974, 16860, 2100+ inter alia). There is also irrefuted testimony to the effect tha
simply disregarded the notice for the investigative hearing which was to be held on January 17, 1980
Law Board No. 2010 (Award 15) establishes precedent, which this Board cites with favor, that employe
are not to be granted the right to boycott investigations with impunity.
Award Number 24309 Page 2
Docket Number MW--24170
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.
A W A R D
NATIONAL RAILROAD ADJUSTTENT
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
BY
Rosemarie Branch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of April 1983.
RECEIVE
1
JUNE 2 81983
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