NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24863
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:
(1) The discipline (thirty demerits) imposed upon Machine Operator
H. Aulet for "Alleged failure to report for duty" on September 12, 1980 was
without just and sufficient cause and unwarranted (System Docket 643).
(2) The thirty (30) demerits imposed upon the claimant shall be
expunged from his record.
OPINION OF BOARD: Claimant H. Aulet is a machine Operator in Carrier's employ
at Oak Island Yard. On September 12, 1980, he failed to
report for duty and he failed to call in and report off. On September 15,
1980, Claimant was notified to report for an investigation on September 22,
1980. He was charged as follows:
Alleged failure to report for duty as Machine Operator
at your headquarters, Oak Island Yard, Newark, N. J.,
on the following date:
September 12, 1980.
In light of your previous attendance record, this constitutes excessive absenteeism from your
A hearing was held as scheduled. As a result of that hearing, Claimant
was found guilty as charged and assessed 30 demerits. This penalty was ultimately
reduced to 15 demerits.
This Board has reviewed the transcript of the hearing and must agree
with Carrier that Claimant is guilty as charged and that a 15-demerit penalty
is not an excessive penalty, given all the facts. This Board has on many occasions
stated its position on absenteeism. We support the proposition that employes
must report to work on a regular basis and on time. When absence from work is
necessary, it is required that the employe notify Carrier in ample time so that
replacements can be obtained, if needed. Claimant in this instance did not
meet the requirements of attendance and his discipline is appropriate.
Award Number 25284 Page 2
Locket Number MW-24863
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;
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. 4re'ver - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1985.