NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number TD-24293
George S. Roukis, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
System Locket No. CR-98
RC1aim of the American Train Dispatchers Association that appellant
P. N. Pappas, Assistant Chief Dispatcher Harrisburg,Pa., is not guilty of the
offense - Failure to report for duty at the Harrisburg Movement Office, 600
Corporate Circle, Harrisburg, Pa., on July 20, 1980, which in light of your
previous attendance record constitutes excessive absenteeism, assessed fifteen
(15) days discipline on G-32, Notice of Discipline, dated August 6, 1980.· .
OPINION OF BOARD: This case closely parallels a companion case involving
the same Organization and the same Carrier with respect
to a charge of excessive absenteeism. In that case, Award No. 24540, we held
that a pattern of excessive absenteeism was present when the Claimant therein
was mostly absent on days preceding his normal rest days and was counseled by
his supervisor on three occasions before disciplinary action was initiated.
In the case before us, we have an analogous situation. Claimant,
an Assistant Chief Dispatcher, was charged with failure to report for duty on
July 20, 1980 which in light of his previous attendance record, was considered
excessive absenteeism by Carrier. An investigation was held on August 1,
1980 and he was assessed a fifteen (15) day deferred suspension. This
disposition was appealed.
From the record, he had been counseled on at least three occasions
within the year preceding the investigative hearing. There is no dispute
regarding the inherent propriety of these absences since Claimant properly °
reported off, but Carrier perceived these absences as being excessive.
In considering the parties arguments, we agree with Carrier's basic
position. Claimant's attendance pattern certainly raised a reasonable concern,
but more importantly, Carrier counseled him on several occasions about his
absences. This is a telling distinction since he was officially advised that
his attendance record would be monitored. When he was again absent on July
20, 1980, it was not unreasonable for Carrier to institute charges in view
Award Number 24541 Page 2
Locket Number TD-24293
of its prior admonitions. We do not feel, however, that the fifteen (15)
days deferred suspension is warranted herein since Claimant properly reported
off on the days he was absent, and there is some indication that he might
have been i11. Be was hospitalized in November, 1979. Moreover, his long
term service with Carrier merits some consideration. We believe that a
Letter of Warning is a more appropriate and balanced disciplinary response
and more in accordance with the established precepts of progressive discipline.
The instant penalty is reduced to a Letter of Warning. The reasoning in
Award No. 24540 is controlling herein.
FINDINGS: The Third 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 discipline was excessive.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADVUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy De~r - Executive Secretary
Dated at Chicago, Illinois, this 19th day of October, 1983. -.,