NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MS-24200
John B. LaRocco, Referee
(Gary A. Patience
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "This is to serve notice, as required by the rules of the
National Railroad Adjustment board, of my intention to
file an ex parte submission on June 18, 1981 covering an unadjusted dispute
between me and the Consolidated Rail Corporation involving the question:
My discharge was inequitable and erroneous because I followed the
instructions of the Station Master and, therefore, my lateness was excused."
OPINION OF BOARD: Claimant, a Train Caller, Reading Terminal, Philadelphia,
Pennsylvania, received a notice of investigation charging
him with the following offense:
"Absenting yourself from duty without permission by reporting late
for your
assignment March
11, 8 mins.; 12th, 7 mins.; 13th, 8 mins.;
14th, 10 mins.; 17th, 10 mins.; 18th, 31 mins.; 20th,. 7 mins.; 21st,
7 mins.; 24th, 9 mins.; 25th, 54 mins.; 27th, 52 mins.; April 2nd, 2
hours, 10 mins.; 3rd, 1 hour, ZS mins.; and review of your service
record."
The hearing was rescheduled by mutual agreement from April 17, 1980
to April 22, 1980 and following the hearing, Claimant was notified of his
dismissal effective April 30, 1980.
At the hearing, the station master, Reading Terminal, reviewed the
timecards for the dates listed in the charge which established that Claimant
was habitually late in reporting for his assignment. At the hearing, Claimant
admitted his derelictions proffering the excuse that he endeavored to correct
the problem apparently without success. There was substantial evidence to
sustain the Carrier's decision to discipline Claimant.
Claimant's relatively short period of employment discloses that
reporting late for duty and marking off without permission has been a chronic
problem for which he has been disciplined in the past. The Carrier has
previously granted leniency to Claimant, but apparently feels that such
consideration is no longer suitable for this employee. In view of his poor
record, termination was not unreasonable.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and upon
the whole record and all the evidence, finds and holds:
Award Number 24555 Page 2
Locket Number MS-24200
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
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attes
Nancy. DpOr' - Executive Secretary
Dated at Chicago, Illinois, this 4th day of November, 1983
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