NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25845
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman L. Sadler for alleged excessive
absenteeism was without just and sufficient cause and on the basis of unproven
charges (System File NEC-BMWE-SD-586D).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, and the charge leveled against him shall be cleared from
his record and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: The Claimant began service with the Carrier on July 23,
1976. At the time of the disciplinary action appealed in
this case, Claimant was assigned as a Trackman in the Penn Coach Yard,
Philadelphia, PA.
By a notice dated February 7, 1983, Claimant was advised to attend a
Trial. The notice stated in part:
"This is a notice for you to attend (a) Trial. You
may, if you desire, arrange to be accompanied by a representative as provided in applicable schedule
without expense to the company.
This notice is issued in connection with the CHARGE,
Execessive absenteeism; in that you were absent from work on
the following dates: January 10, 14, 19, 21, and 31, all of
1983.
/s/Peter Adamovich"
The Trial was held on February 15, 1983 in the 30th Street Station
Hearing Room, Philadelphia, PA. By a letter dated February 28, 1983, the
Claimant was informed that as a result of the evidence adduced at the trial,
the Carrier's disciplinary determination was dismissal in all capacities.
The Organization contends that Claimant's dismissal for excessive
absenteeism was without just and sufficient cause and based on unproven
charges.
We find substantial evidence in the record supports the Carrier's
finding of excessive absenteeism and the resulting discipline in this case. A
review of the trial transcript reveals that Claimant's Supervisor testified
that Claimant was absent from work on the days set forth in the charge,
namely, January 10, 14, 19, 21 and 31, 1983. This testimony is corroborated
by the Engineering Department's Daily Work Reports for these same dates which
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Docket Number MW-25845
show that Claimant was not present at work. Furthermore, Claimant himself
testified that he was absent from duty on January 10, 19, 21 and 31, 1983.
Accordingly, far from being an "unproven charge", the record contains substantial evidence
Although the record clearly establishes five absences within a threeweek period, the Organizatio
Claimant in this case was unjustified for two reasons. First, the Organization maintains that the ab
chronic ailment of which Claimant's Supervisor was well aware. Second, the
Organization asserts that Claimant telephoned his Supervisor's office to mark
off sick for each of the absences set forth in the charge.
We find neither of these contentions are supported by the record and
thus do not view the discipline administered in this case as unjustified or
excessive. Only the Claimant's testimony supports the assertion that the five
absences were all caused by a chronic illness. The transcript indicates that
Claimant's Supervisor was asked specifically whether Claimant told him that
the five absences were all due to one particular ailment. The Supervisor
responded, "(to) the best of my knowledge, no." In addition, despite the
Claimant's testimony that he could document his illness, the record is devoid
of any documentation or medical evidence indicating that the five absences in
January, 1983 may be attributed to a chronic condition. Indeed Claimant had
an appeal hearing on this case and did not present any documentation of
illness.
Similarly, the record does not support the contention that Claimant
telephoned to mark off sick for each of the absences set forth in the
Carrier's charge. The Claimant's Supervisor testified that he could recall
the Claimant telephoning on only two of the days set forth in the charge. We
find it significant that the call off logs included in the record corroborate
the Supervisor's testimony and indicate that the Claimant telephoned on just
two of the days in question, January 10 and 19, 1983. Contrary to the
Claimant's testimony, however, the logs do not show that the Claimant called
in on January 14, 21 or 31, 1983. Accordingly, on the basis of the record
before us, we reject the assertions that the absences may be excused or their
impact mitigated. We find that the Carrier has met its burden of proof. We
are satisfied that the record contains substantial evidence which supports the
Carrier's determination that Claimant was responsible for excessive
absenteeism. Excessive absenteeism is a serious offense. A Carrier must be
able to rely on its employees and expect reasonable attendance. In assessing
the quantum of discipline for a proven offense, the Carrier may consider the
employee's prior discipline record. This record reveals a letter of Warning
regarding absenteeism and two suspensions concerning excessive absenteeism.
Accordingly, given the record in this case we find the discipline of dismissal
neither arbitrary, capricious, nor excessive. The claim is denied.
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:
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Docket Number MW-25845
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.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: 4"r~'Nancy I1mr - Executive Secretary
Dated a Chicago, Illinois, this 30th day of January 1986.