Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26840
THIRD DIVISION Docket No. MW-27228
88-3-86-3-374
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 B&B Carpenter J. E. McConnell for alleged
tardiness and absenteeism was excessive and without just and sufficient cause
(System File C II26-85/D-2696).
(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 record clearly shows that in spite of repeated written and verbal
warnings concerning his absences, and being placed on six (6) months probation, the Claimant continu
absent without authority. The Claimant's attitude is exemplified by the
incident on May 15, 1985, when he overslept and notified the Carrier that he
"probably would not be in to work that day."
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.
Form 1 Award No. 26840
Page 2 Docket No. MW-27228
88-3-86-3-374
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ,
Nancy J. 9Ar - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.