NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24251
Ida Klaus, Referee
(Brotherhood of Maintenance of way Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: wClaim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed upon
Trackman J. 0. Williams was excessive and disproportionate to the charge
leveled against him (Carriers File S 310-349).
(2) The claimant shall be compensated for all wage loss
suffered including holiday pay.·
OPINION OF BOARD: The Petitioner protests a 30-day suspension as excessive<
and disproportionate to the charges of absence without
authority on two occasions. The Petitioner asserts that no penalty should be
assessed.
' in the investigation conducted on the property, the claimant asserts
that on one of the occasions he did make a timely effort by telephone to give
advance notice of his absence but was unable to reach his supervisor. On the
other occasion, he said, he believed that his absence was authorized.)
The Carrier found the claimant's explanation to be unacceptable and
it determined that the charges were warranted.
As the weight of the evidence clearly supports the Carrier's
ultimate conclusion as to the facts, its judgment must stand.
The Board does however, find the penalty imposed to be excessive on
all the facts established. While we emphasize the importance of regular
attendance and the need for compliance with reasonable requirements to curtail
absenteeism, we consider a suspension of 30 days to be an excessive penalty on
the facts established. On those facts, we deem a 15-day suspension to be fair
and just.
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;
Award Number 24537 Page 2
Locket Number NW-24251
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 discipline was excessive.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy r - Executive Secretary
Dated at Chicago, Illinois, this 19th day of October, 1983.
I -T