Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27216
THIRD DIVISION Docket No. MS-26789
88-3-85-3-547
The Third Division consisted of the regular members and in
addition Referee Gil Vernon when award was rendered.
(Wayne Watts
PARTIES TO DISPUTE:
(Atchison, Topeka 6 Santa Fe Railway Company
STATEMENT OF CLAIM:
"Carrier violated the rules of the current clerks' agreement at
Richmond, California, when it wrongfully removed me from service on August 10,
1984, as a result of a formal investigation held on July 26, 1984, and I shall
now be returned to Carrier service and paid for all loss of wages and benefits
commencing on July 6, 1984."
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 original Notice of Investigation was dated July 6, 1984, and
scheduled a Hearing for July 11, 1984. The same day the Carrier amended the
notice to include a possible violation of Rule 13. On July 10, 1984, the
Claimant requested a postponement. On July 11, 1984, the following Consolidated Notice was issued:
"Please refer to my amended notice to you dated July
6, 1984, to attend formal investigation at Trainmaster's
Office, Richmond, California.
This is to advise that formal investigation scheduled
to be held in the Trainmaster's office at Richmond concerning your allegedly being absent without pr
possible violation of Rules, 2, 13 and 15, Form 2626 standard, General Rules for the Guidance of Emp
postponed until 10:00 A.M., July 26, 1984, per your written request of July 10, 1984.
Form 1 Award No. 27216
Page 2 Docket No. MS-26789
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Please acknowledge receipt of this notice on attached
copy and return to office of Assistant Superintendent,
Richmond."
Subsequent to the Investigation, the following notice of discipline was issued:
"As result of formal investigation conducted in Trainmaster's Office, Richmond, CA 10:00 AM July
26, 1984, and all subsequent dates, it has been determined
that you are in violation of Rules 2, 13 and 15, Form 2626
Standard, General Rules for the Guidance of Employes, and
you are hereby dismissed from the service of this company
for your responsibility.
You should arrange to return all company property in your
possession, including Amtrak Pass.
Please acknowledge receipt of this letter on attached
copy and return to my office."
After reviewing the record, the Board is compelled to conclude that
the Claimant received a fair Hearing and that the evidence presented at the
Hearing more than substantially supports the discharge.
It is clear that on June 26, 1984, the Claimant called in at 2:45
p.m. and reported off for this 4:00 p.m. shift. He did not contact the
Carrier again until 11 days later when he called on July 6, 1984, to mark up.
The Claimant admitted at least three times in the Investigation that he failed
to call the Carrier during this period. Moreover, there simply was no good
reason to excuse his failure to notify the Carrier of his absence.
The mere fact he failed to give notice of his absence is enough to
justify significant discipline. Additionally, it is apparent the Claimant did
not have any valid reason to be absent on all the dates in question. He presented a notice from a do
on June 28 and July 5, 1984.
To put it plainly, it is not proper conduct under the rules to call
in and lay off for a shift on June 26, 1984, and then not call or report for
11 days with no apparent reason.
The remaining question is whether discharge is the appropriate penalty. In this regard, it is no
two years previously for similar rule violations. He was reinstated on a
leniency basis with the expectation he would protect his assignment. The
instant incident and the Claimant's attendance record show he has not lived up
to his employment responsibilities.
Form 1 Award No. 27216
Page 3 Docket No. MS-26789
88-3-85-3-547
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: /
cy J. D -Executive Secretary
Dated at Chicago, Illinois, this 20th day of July 1988.