Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27035
THIRD DIVISION Docket No. MW-26464
88-3-85-3-200
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 five (5) days of suspension imposed upon Repairman R. L.
Miller for alleged
'Failure to report for duty on December 7, 1983
and December 21, 1983 at Canton M.W. Shop,
Canton, Ohio and reporting for duty after starting time on December 28, 1983, which in light of
your previous attendance record (Absent March
24, 1983, April 26, 1983, May 11, 1983, June 13,
1983, July 7, 8, 18, 27, 1983, September 22,
1983, October 13, 1983, November 3, 16, 1983;
late start March 8, 1983 and September 28, 1983;
early quits April 5, 1983, June 2, 1983, August
12, 1983) constitutes absenteeism'
was without just and sufficient cause (System Docket CR-780-D).
(2) The claimant's record shall be cleared of the charge 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.
Form 1 Award
No.
27035
Page 2 Docket
No.
MW-26464
88-3-85-3-200
Subsequent to an investigation, the Carrier found that the Claimant
failed to report for duty on December 7 and December 21, 1983,-and reported
after the beginning of his shift on December 28, 1983. The Carrier then
considered the Claimant's past attendance record which showed a considerable
number of other absences and concluded, on the basis of the total record, that
the Claimant had been excessively absent from the work place.
We have carefully considered the explanations and contentions advanced by the Organization in su
record supports the Carrier in this matter. The Board also notes that the
Claimant had been counseled in the past with respect to his absenteeism.
Under the circumstances that we find in this record, a five day suspension
cannot be said to be excessive.
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.