Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26927
THIRD DIVISION Docket No. MW-26650
88-3-85-3-392
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. 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 five (5) days of suspension imposed upon Repairman T. H.
Gray for alleged 'Failure to report for duty at the Canton MW Shop, Canton,
Ohio on February 1, 1984 and February 15, 1984 which in light of your previous
attendance record
...
constitutes excessive absenteeism' was without just and
sufficient cause and a gross abuse of justice and discretion by the Carrier
(System Docket CR-967D).
(2) The claimant's record shall be 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.
Claimant was subject to an investigative hearing on the following
charge:
"Failure to report for duty at Canton MW Shop,
Canton, Ohio on February 1, 1984 and February
15, 1984, which in light of your previous
attendance record (Absent April 22, 1983, May 5,
13, 1983, June 21, 1983, August 1, 1983,
September 15, 1983; Late starts August 22, 1983,
December 20, 1983, January 19, 1984; Early quit
January 25, 1984) constitutes excessive absenteeism."
Form 1 Award No. 26927
Page 2 Docket No. MS-26650
88-3-85-3-392
Following the hearing, the Claimant was assessed a five-day disci-
plinary suspension.
The record shows that the Carrier took no exception to the contention
that the Claimant had reported off sick on February 1 and 15, 1984. Although
no medical documentation for such absences was provided, the Carrier did not
request such proof.
The Carrier, however, finds support for its discipline on an established absentee policy under w
the employee, any combination of three absences or partial days worked within
a 30-day period makes an employee subject to a hearing and possible discipline.
The basis for the investigative hearing here is demonstrated in the
charge.
The Organization argues that there was reasonable cause for the
Claimant's absence on February 1 and 15, 1984, and his contention that he was
ill was not questioned. The charge here, however, is for "excessive
absenteeism." As established in many previous Awards involving the parties
here as well as elsewhere, the legitimacy of one or more absences does not
necessarily relieve the employee of a charge of an unsatisfactory record of
attendance over an extended period. The record here demonstrates that the
Claimant was warned in 1983, as to the consequences of continued unsatisfactory attendance and that,
absences, leading to this investigative hearing. The Board finds that the
Carrier acted within its discretionary authority to enforce attendance
standards and that the resulting disciplinary penalty was appropriate.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
4~L
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 30th day of March 1988.