NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25659
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Laborer E. G. Rodriguez for alleged tardiness
and absenteeism was without just and sufficient cause and on the basis of
unproven charges (System File C ll14-82/D-2528).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, his record cleared and he shall be compensated for all wage
loss suffered.
OPINION OF BOARD: Claimant, an extra gang laborer, was dismissed from Carrier's
service on August 16, 1982, for alleged tardiness and
absenteeism. A hearing was requested in Claimant's behalf, which hearing was
scheduled for and conducted on September 2, 1982. A copy of the Transcript of
the hearing has been made a part of the record. Due to a language barrier, an
interpreter was present at the hearing.
There was substantial evidence presented in the hearing that Claimant
frequently reported late for work and frequently left work early for what he
contended were dental appointments; however he said nothing to the Foreman about
such appointments until an hour or two before he left. Claimant was guilty of
excessive absenteeism and tardiness.
In the handling of the appeal on the property, the Carrier pointed out
that Claimant had previously worked for the Carrier under another name, but that
his application for employment under the other name had been disapproved. We
think this was a proper matter for consideration on appeal, as Awards too
numerous to require citation, have held that an employe's prior record may always
be considered in discipline cases, where such prior record is brought up in the
on-property handling.
There is no proper basis for disturbing the action of the Carrier.
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;
Award Number 25521 Page 2
Docket Number MW-25659
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 !fir - Executive Secretary
Dated at Chicago, Illinois, this 28th day of June 1985.
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