NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26251
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
(former St. Louis-San Francisco Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman D. Williams for alleged 'failure to comply with Safety Rule 502' w
B-1547-1/MWC 84-1-27B).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, his record shall be cleared of the charge leveled against
him and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant, a Trackman, left his assignment 3 1/2 hours early
on the afternoon of September 30, 1983. He was dismissed
on the following working day for the absence, and the dismissal was upheld in
a formal Investigation held by Carrier on October 20, 1983.
The Parties' Rules prohibit unauthorized absences from duty, and the
testimony of Claimant and of Carrier's witnesses amply evidenced that Claimant
had absented himself without proper authority. Discipline was warranted.
Such unauthorized absence, and particularly that violation when repeated, can warrant dismissal.
fully explored in exchanges made on the property. Carrier's adherence to its
dismissal decision reflects not undue harshness, but rather a discretionary
matter resting with 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 26114 Page 2
Docket Number MW-26251
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. ev -Executive Secretary
Dated at Chicago, Illinois this 19th day of September 1986.
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