Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27156
THIRD DIVISION Docket No. CL-27379
88-3-86-3-615
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10120) that:
(a) Carrier violated the current Clerks' Agreement at Pearland,
Texas, when on May 23, 1985, it dismissed C. L. Wilson from service, and
(b) Facts developed at the formal investigation held on May 22,
1985, failed to sustain Carrier's alleged charges and did not justify or
warrant the harsh penalty imposed, and
(c) C. L. Wilson shall now be reinstated to service of the Carrier
with all rights unimpaired and paid for all monetary loss sustained as a
result of being discharged on May 23, 1985, until reinstated, and
(d) C. L. Wilson shall be paid an additional twelve per cent per
annum until claim is paid."
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 allegedly absent from work on thirteen days between
February 12, and May 5, 1985. This constituted an absenteeism rate of 22.4
percent. Following an investigation on May 22, 1985, Claimant was found to
be in violation of Rules 2 and 16 of the General Rules for the Guidance of
Employes, 1978, and removed from service. Claimant had been absent 31.6
percent of the time between January 6 and February 1, 1985.
Form 1 Award No. 27156
Page 2 Docket No. CL-27379
88-3-86-3-615
The Organization alleges that Rule 24-A prohibits the consideration
of any absence more than 20 days prior to the time Claimant is notified of the
charges to be investigated. In cases in which absenteeism is alleged, however, the final date may be
absences that, in turn, incorporates all previous absences.
The Board finds that the notice of investigation was sufficiently
precise to allow Claimant an opportunity to present an adequate defense.
Claimant's past record reveals the issuance of 20 demerits for his
failure to report for duty in 1983 and a prior discharge and reinstatement on
a leniency basis in December 1984 for being AWOL, with the admonition that "if
reinstated you will protect the service required of you without absences." It
is clear from the record that Claimant was unable to live up to that requirement, even following an
several reasons for his absences, i.e., he was taking medication which had
side effects that rendered him unavailable for service; car trouble; bad
weather; and illness. Assuming all such assertions to be factual, this Board
has long held that there may come a time when an employer need no longer
countenance excessive absenteeism on the part of an employe. The presence of
a reliable work force is essential for an employer to carry out its mission.
When the facts of this case are weighed against that imperative, it must be
concluded that Carrier was not arbitrary or capricious in reaching the
decision that it did.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J.
D
-Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.