NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24862
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
(Former Lehigh Valley Railroad Company)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(Z) The discipline imposed upon Trackman S. Dawkins for "Alleged
failure to report for duty" on September 2, 3, 4, 5 and 11, 1980 was without
just and sufficient cause and unwarranted (System Locket 6661.
(2) The forty (40) demerits imposed upon the claimant shall be expunged
from his record and he shall be compensated for all wage loss suffered (seven
hours and forty minutes on September 11, 1980).
OPINION OF BOARD: Claimant S. Dawkins is employed as a Trackman and is regularly
assigned to a track gang headquartered at South Plainfield,
New Jersey. On September 2, 3, 4, and 5, 1980, he failed to report to work.
On September 11, 1980, he arrived at work twenty minutes late. As a result of
these incidents, Claimant was directed to appear for, investigation in
connection
with the following charge:
Alleged failure to report for duty as a Trackman
on the following dates: September 2, 3, 4, 5, 11,
1980. In light of your previous attendance record,
this constitutes excessive absenteeism from your
assignment.
A hearing into the matter was held on October 27, 1980. As a result
of that hearing, Claimant was found guilty as charged and assessed a penalty of
40 demerits.
This Board has reviewed the record of this case and must conclude
Carrier was justified in the actions it took. Each employe is responsible to
report to work on a regular basis on time. Carrier need not tolerate employes
who do not fulfill this requirement, whatever the reason for the excessive
absence or tardiness may be. We shall deny this claim.
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 25283 Page 2
Docket Number MW-24862
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 J r - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1985.