Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26788
THIRD DIVISION Docket No. MW-26395
88-3-85-3-125
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(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 three (3) working days of suspension imposed upon Repairman
E. M. Daley for alleged 'Failure to report for duty at Canton, M.W. Shop,
Canton, Ohio on 9/23/83 and reporting for duty after starting time on 9/22/83
and 10/5/83 which in light of your previous attendance record, (Absent 4/5/83,
4/14/83, 6/6/83, 7/7/83, 8/23/83, 8/24/83. Late start 4/21/83, 5/4/83,
5/10/83, 6/8/83, 6/22/83, 7/5/83, 7/29/83, 8/8/83) constitutes excessive
absenteeism' was arbitrary and without just and sufficient cause (System
Docket CR-669-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."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employees involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This dispute came about after the Carrier determined that the Claimant had failed to report for
two occasions. It then considered the Claimant's previous attendance record
and concluded that it constituted excessive absenteeism.
The Organization mainly maintains that the Claimant had permission
and/or the Supervisor had knowledge of the Claimant's reason for being absent
and, therefore, he should not be penalized. It also contends that the Carrier's policy with respect
Rules of the Agreement and that this should have been negotiated between the
parties.
The Board observes that a number of arguments and issues were
introduced by the Organization subsequent to the handling of this dispute on
the property. Accordingly, these matters may not be considered by the Board
in arriving at its findings here.
Form 1 Award No. 26788
Page 2 Docket No. MW-26395
88-3-85-3-125
Turning to the record properly before us, the evidence shows that the
Claimant had been counseled in the past concerning his responsibility for
regular presence at the work site. And, while it may be true that the Carrier
was aware at various times of the reasons for the Claimant's absence, the
Carrier has a right to expect regular attendance.
Of necessity, the employment relationship requires, particularly in
this industry, that employees regularly attend to their assigned duties. If
an employee chooses to unilaterally determine his employment schedule, he does
so at his peril.
After careful review of the evidence developed on the property, we do
not find the three-day suspension to be an excessive use of the Carrier's
discretion in matters such as this.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J e r -'Executive Secretary
Dated at Chicago, Illinois, this 28th day of January 1988.