NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25022
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard System Railroad (formerly Georgia Railroad)
STATEMENT OF CLAIM: 'Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman Nathan Shorter for alleged absenteeism
on December 28, 29 and 30, 1981 and January 4, 1982 was without just and
sufficient cause (System File 37-AWP-82-6/12-39(82-1021) K3).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Prior to his dismissal by the Carrier, Claimant was employed
as a trackman, working under the supervision of Surfacing
Gang Foreman J. D. Stephens. He had entered the Carrier's service on October
20, 1980.On January 6, 1982, he was notified by the Division Engineer:
"It has been reported by your foreman that you have repeatedly failed
to protect your job. The reason that your job exists at all is because
we have enough work to justify having a person in that particular
position.
Our payroll on file at the General Office Bldg., of the Georgia Railroad,
shows that you have again failed to protect you job on the dates
shown below:
December 28, 29 and 30, 1981, January 4, 1982.
Our records show that you have had previous warnings regarding your
failure to protect the position. Therefore, due to your work record
we find it necessary to advise you there will be a formal hearing
held at the Georgia Railroad General Office Bldg. located 1590 Marietta
Blvd., N. W., Atlanta, Georgia. This hearing will be held to determine
whether you will remain in the service of the railroad or dismissed.
Hearing will be held at 10:00 A. M., January 13, 1982.
You may have present at this hearing any witnesses who have pertinent
information regarding same and a representative of the labor organization
by your own arrangement.
Your personal record will be reviewed during the course of
this hearing."
By agreement, the investigation was postponed and rescheduled for
10:00 A. M., January 20, 1982. Claimant was not present at the appointed time
of 10:00 A.M., nor did he ask for further postponement of the hearing. The
officials involved in the hearing decided to wait thirty minutes to see whether
Claimant appeared. Claimant did not appear, but called by telephone and talked
Award Number 24992 Page 2
Docket Number MW-25022
to the Assistant Conducting Officer and the General Chairman of the
Organization, but made no request that the investigation be further postponed.
The investigation was, therefore, conducted in the absence of the Claimant.
The Board has issued numerous awards upholding the conducting of investigations
in absentia. We consider Claimant's failure to appear at the January 20, 1982
investigation, or to request a postponement, was at his peril.
There was substantial evidence presented in the investigation, a
transcript of which has been made a part of the record, in support of the
charge that Claimant did not protect his assignment on the dates shown in the
letter of charge. It was also shown that Claimant's prior absentee record was
far from satisfactory.
Based on the evidence before the Board, there is no proper basis to
interfere with the discipline imposed by the Carrier.
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:
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
ATTEST: '
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 26th day of September 1984.