NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-15461
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Metro-North Commuter Railroad
(Consolidated Rail Corporation (NYNH&H))
STATEMENT OF CLAIM: Claim of the System Commtitee of the Brotherhood that:
(1) The dismissal of Trackman C. Hinton for alleged excessive absenteeism
was without just and sufficient cause (System Locket NH-100).
(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: The record shows that Claimant entered Carrier's service
as a Trackman on August 12, 1974. On December 28, 1981, he
was notified to attend trial on the charge:
"Failure to cover your assignment on September 4, 8, 9, 10,
11, 14, 15, 16, 21; October 12, 13, 14; November 9, 10,
12, 13, 16 and 17, 1981, which constitutes excessive
absenteeism.'
The trial was scheduled and held on January 5, 1982, and a copy of
the Transcript has been made a part of the record. Following the trial, Claimant
was dismissed from Carrier's service on January 12, 1982.
A review of the Transcript of the trial shows substantial evidence
that Claimant was absent on the dates listed in the charge without permission
or without notice to Supervisory personnel. The record also shows that Claimant
had been disciplined by suspension on three prior occasions for excessive
absenteeism.
This Board has issued numerous Awards upholding the dismissal of
employes for excessive absenteeism. There is no proper basis for the Board to
interfere with the discipline imposed by the Carrier.
The Board notes that some of Carrier's Exhibits - the reproduced
Awards, are almost illegible. Its Exhibit "B" is illegible. We have taken
occasions in the past to caution parties to disputes before this Division that
if they expect exhibits and other material to be considered, then such exhibits
and material must be submitted in legible form. We renew that caution.
Award Number 25416 Page 2
Locket Number MW-25461
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: _ ~Zarosv
ancy J er - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1985.