Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27296
THIRD DIVISION Docket No. MW-26398
88-3-85-3-129
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 ten (10) days of suspension imposed upon Repairman L. L.
Mackey for alleged 'Failure to report for duty at Canton M/W Shop, Canton,
Ohio, on October 11, 12, 1983, and October 21, 1983, which in light of your
previous attendance record (Absent 4/27/83, 5-6, 10, 11, 12, 13, 17, 25, 1983,
6-10, 13, 30, 1983, 7/14/83, 8-3, 19, 30, 31, 1983, 9-1, 2, 6, 7, 14, 26, 29,
1983, early quit 3/30/83, 7/25/83, 7/29/83, 9/12/83, 10/10/83) constitutes
excessive absenteeisms' was arbitrary, capricious and on the basis of unproven
charges (System Docket CR-666-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.
The Claimant was assessed a ten (10) day suspension after a finding
by the Carrier that he had been excessively absent from the work place.
The evidence shows that the Carrier has met its burden of proof in
matters such as this. Under the circumstances, and because the Claimant had
been previously disciplined for excessive absenteeism, the ten (10) day
suspension cannot be considered to be excessive.
Form 1 Award No. 27296
Page 2 Docket No. MW-26398
88-3-85-3-129
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
6~ " z " :5
: ,
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 12th day of August 1988.