Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26836
THIRD DIVISION Docket No. MW-27150
88-3-86-3-216
The Third Division consisted of the regular members and in
addition Referee Ronald L. Miller when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Soo Line Railroad Company (formerly Chicago, Milwaukee
(St. Paul and Pacific Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Section Laborer M. J. Kurvers for alleged
failure to protect his position on February 1 and 21, 1985 and tardiness on
February 22, 1985, was without just and sufficient cause and on the basis of a
hearing that was neither fair nor impartial (System File C II23-85/D-2689).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, his record cleared of the charges 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 employes 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.
The Claimant has been repeatedly warned, orally and in writing, concerning his responsibility to
he was suspended from service for thirty (30) days as a result of his failure
to protect his assignment, and assessed a thirty (30) day deferred suspension
(with a one (1) year probationary period and a ten (10) day actual suspension)
for again failing to properly protect his assignment.
In spite of the warnings and disciplinary suspensions, the Claimant
failed to protect his assignment on February 1, 1985 and February 21, 1985.
On both dates, the Claimant did not notify the Carrier that he would be
absent, nevertheless, on both days he later contacted the Carrier's office to
request vacation pay. The Claimant was absent on both days without authority.
Form 1 Award No. 26836
Page 2 Docket No. MW-27150
88-3-86-3-216
Excessive, unauthorized absences from work, in the context of repeated and clear warnings as to
a basis for dismissal. In this case, the Board finds no reasonable cause for
setting aside or mitigating the dismissal of the Claimant.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
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Nancy J. ej*T - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.