NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24176
John B. LaRocco, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Green Bay and Western Railroad Comany
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Section Laborer Victor Dbxtator for being
absent from duty without permission on
July
9, 10 and 11, 1980 was excessive
and wholly disproportionate to the offense with which charged (Carrier's File
600-779).
(2) Section Laborer Victor Dbxtator shall be reinstated with
seniority and all other rights unimpaired aryl he shall be compensated for all
wage loss suffered.°
OPINION OF BOARD: Claimant, a seasonally employed Laborer, was absent
from work without proper authority from
July
7, 1980 to
July 11,
1980. Claimant called his supervisor to report he was i11 on
July 7
and 8, 1980 but did not call in again until after the conclusion of his shift
on
July 11,
1980. Though Claimant contacted his supervisor on two days, the
supervisor did not excuse Claimant's absences. Subsequent to an investigation
held on
July
14, 1980, the Carrier dismissed Claimant from service.
The Carrier presented substantial evidence demonstrating that
Claimant was absent without proper authority. Regardless of whether or not
Claimant was genuinely i11, he neglected to call his supervisor on three of the
five days he was absent. Claimant admitted to that he did not report to work
on the days in question.
Claimant's unauthorized absence in
July,
1980 was the latest in a
long series of similar violations. The record reveals that Claimant has,
during his short tenure with the carrier, received five warnings as well as a
thirty day suspension for excessive absences. Claimant has made no effort to
improve his attendance record. On the contrary, Claimant's attendance record
was deteriorating rather than improving. The prior discipline did not motivate
Claimant to reduce the number of his absences. Evidently, Claimant had little
interest in retaining his position with the Carrier. His repeated, chronic and
inexcusable absences, in spite of having numerous opportunities to better his
attendance record warrants severe discipline.
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 24553
Locket Number MW-24176
Page 2
That the Carrier and the Employe involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approve June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreeement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest '
Nancy J^ever - Executive Secretary
Dated at Chicago, Illinois, this 4th day of November, 1983
