NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MW-24464
Rodney E. Dennis, Referee
Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
Norfolk and Western Railway Company
(former Illinois Terminal Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The five
(5)
days of suspension imposed upon Mr. M. J. Stewart
for alleged violation of 'Rule P' was without just and sufficient cause and an
abuse of justice and discretion by the Carrier (System File MR
1980-41+).
(2)
The claimant shall be compensated for all wage loss suffered
including overtime pay."
OPINION OF BOARD: Claimant, M. J. Stewart, is employed by Carrier as a Large.
Machine Operator. On October
31, 1980,
he was absent from
work account ill with flu virus. He was not able to contact Carrier to report
off sick until November
3, 1980.
He returned to work on November 10,
1980.
On
November
7, 1980,
he was served with charges directing him to appear at a hearing
to determine his responsibility for being absent from work on October
31, 1980,
and for not reporting off. _
The hearing was held as scheduled. At its conclusion, Claimant was
found guilty as charged and assessed a five-day suspension. A transcript of that
hearing has been made a part of the 'record of this case.
A review of that record reveals that Claimant was afforded a full and
fair hearing and that Carrier had justification for assessing a five-day suspension.
Carrier concluded at the end of the hearing that Claimant could have and should
have made more than just one attempt to call in and report off. Given Claimant's
failure to exert a best effort to report off and his past record of absenteeism
and counselling, Carrier assessed a five-day suspension.
This Board sees no basis in this record or applicable arbitral principles
on which to upset Carrier's actions. Claimant does have a responsibility to
report off and his effort in this case fell short of what is required.
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;
Award Number
24395
Page 2
Docket Number W-21411&4
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 RAIIROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this
26th
day of May
1983.
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