NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26498
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The ten (10) days of suspension imposed upon Repairman W. A.
Gray for alleged 'Failure to report for duty at Canton M.W. Shop, Canton, Ohio
on February 10, 1984, and reporting for duty after starting time on February
16, 1984, which in light of your previous attendance record (Absent July 12,
1983, August 3, 22, 1983, September 15, 1983, December 21, 1983; Late starts
September 28, 1983, November 11, 1983, December 8, 20, 1983, January 19, 1984;
Early quits June 3, 1983, October 13, 1983) constitutes excessive absenteeism'
was arbitrary and without just and sufficient cause (System Docket CR-835-D).
(2) The claimant's record shall be cleared of the charge leveled
against him and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant is employed as a Repairman by the Carrier at its
Canton, Ohio, Maintenance of Way Shop. Claimant was notified to attend a hearing in connection w
As a result of the hearing, Claimant was assessed a ten-day suspension. The
Organization subsequently filed a Claim on Claimant's behalf, challenging the
suspension.
This Board has reviewed the evidence and testimony in this case, and
we find that there is sufficient evidence in the record to justify the Hearing
Officer's finding that the Claimant was guilty of excessive absenteeism. This
Board has found on numerous occasions in the past that every employe has an
obligation and a duty to report on time and work his scheduled hours. No
railroad can be efficiently operated if employes can choose on what days and
at what time they want to come to work.
Once this Board determines that there is sufficient evidence to
support the guilty finding, we next turn our attention to the type of discipline imposed. This Board
discipline unless we find it to be unreasonable, arbitrary, or capricious.
In this case, the Claimant's record justifies the ten-day suspension.
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;
Award Number 26342 Page 2
Docket Number MW-26498
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 ever - Executive Secretary
Dated at Chicago, Illinois, this 8th day of June 1987.