NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-27135
Ronald L. Miller, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Detroit, Toledo and Ironton Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The five (5) working days of suspension imposed upon Track
Patrolman R. B. Keefer for 'failing to protect your job assignment on August
27, 30, 31, September 10, 11 and 13, 1984' was without just and sufficient
cause and in violation of the Agreement (Carrier's File 8365-1-185).
(2) The Claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: The Claimant's absences during the time period at issue are
as follows (his reporting-in time is regularly 7:30 a.m.):
Monday August 27, 1984 Absent
Tuesday August 28, 1984 Absent 7:28 a.m. notification
Thursday August 30, 1984 Absent
Friday August 31, 1984 Absent
Monday September 10, 1984 Absent
Tuesday September 11, 1984 Absent
Wednesday September 12, 1984 Absent 10:20 a.m. notification
Thursday September 13, 1984 Absent
Friday September 14, 1984 Absent Afternoon call to notify the
Carrier of his intention to
return to work the following
week
on September 18, 1984, the Claimant submitted a doctor's statement that he was
under the care of the doctor for the period of September 10, 1984 through
September 17, 1984.
An employee can be expected to exercise reasonable diligence in
contacting the Carrier to report his/her absences from scheduled work. Such
diligence is especially appropriate for the Claimant, given his lengthy past
record of warnings and discipline for absenteeism. During the time period at
issue here, the Claimant's effort to notify the Carrier of his absences were
inadequate. Moreover, two of the three instances of notification were not
timely.
The Claimant was afforded a fair and impartial investigation and
hearing.
Award Number 26698 Page 2
Docket Number MW-27135
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:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of November 1987.