Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27034
THIRD DIVISION Docket No. MW-26455
88-3-85-3-197
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 discipline imposed upon Repairman M. A. Hester for alleged
'Failure to report for duty at Canton M.W. Shop, Canton, Ohio, on 9/29/83
which in light of your previous attendance record (Absent 3/16, 17, 18, 21,
22, 23, 24, 30, 1983, 4/13, 21, 22, 1983, 5/2, 3, 12, 19, 1983, 6/30/83, 7/1,
8, 1983, 8/3, 18, 19, 1983, 9/15, 16, 1983, Late start 5/27/83, Early Quit
6/3/83, 9/6/83) constitutes excessive absenteeism' was unwarranted and without
just and sufficient cause (System Docket CR-802-D).
(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.
The Claimant was employed as a Repairman by the Carrier at its
Canton, Ohio Shop. After an investigation held on December 21, 1983, the
Claimant was assessed a twenty (20) day suspension for excessive absenteeism.
The discipline was reduced to a ten (10) day suspension during the on-theproperty appeal process.
The record shows that the Claimant failed to report for duty on
September 29, 1983. The Carrier contends that this absence, when coupled with
the Claimant's previous absences, constituted excessive absenteeism.
Form 1 Award No. 27034
Page 2 Docket No. MW-26455
88-3-85-3-197
The Organization mainly contends that the Carrier's absenteeism
policy does not take into account excused absences and that the policy is in
violation of Rules 39 and 40 of the Parties' Agreement. It argues, in this
latter respect, that the absenteeism policy "should be the result of an agreement between" the parti
entered an Employee Assistance Program (EAP) in an attempt to address the
causes of his absenteeism, his record has improved. In view of all of this,
there is no reason for further discipline.
With respect to the Organization's technical arguments, we find no
rule that would prevent the Carrier from establishing a policy which addresses
employee attendance at the work place. The Carrier has a right to expect a
regularity of attendance in order to properly accomplish its mission. It is
well-established by numerous Awards in this industry that excessive absenteeism, even for legitimate
the Carrier. While there may be good reasons for absences, irregular attendance at the work place, i
excessive absenteeism and subject the employee to discipline. Each case must
be examined on its own merits.
In this dispute, the Claimant's absence on September 29, 1983, when
viewed in conjunction with his previous attendance record may rightfully be
considered excessive. In light of this and his past discipline record, we
have no proper basis to disturb the Carrier's decision.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.