Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26842
THIRD DIVISION Docket No. MW-27279
88-3-86-3-375
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 Machine Operator J. T. Anderson for alleged
unexcused absenteeism and failure to call in when absent, was excessive and
without just and sufficient cause (System File C $4-85/D-2693).
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 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.
The record of this case indicates that the Claimant received numerous
written and verbal warnings and two (2) disciplinary suspensions (five (5) and
thirty (30) days) as a result of his failure to properly protect his assignment. Nevertheless, the u
absence continued.
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. 26842
Page 2 Docket No. MW-27279
88-3-86-3-375
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.