Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No.
27341
THIRD DIVISION Docket
No.
MW-26712
88-3-85-3-462
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman 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 T. L.
Callow III for alleged absence without permission on February 7, 1984 was
unwarranted and in violation of the Agreement (System Docket CR-1032D).
(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.
By notice of February 9, 1984, the Claimant, who was employed as a
Repairman in the Canton Shop, was notified to attend a Hearing. That Hearing
considered his alleged absenteeism without permission on February 7, 1984.
Following the Hearing, Claimant was found guilty as charged and assessed discipline of a five (5) da
A complete review of the record indicates that there is a policy at
the Canton Shop which was well understood by the Claimant. That policy requires employees to call by
The Carrier maintains that the Claimant did not do so, but called in at 8:30
A. M.
The Organization argues that Claimant attempted to call at 7:15 A.M.
and 7:45 A.M., but the lines were busy. The Claimant was clearly not guilty
due to these circumstances. It further argues that Claimant did get through
only fifteen minutes after the required time. The Organization also maintains
that the Carrier was dilatory in handling the appeal of this case and as such
the Carrier's decision should be overturned.
Form 1 Award No. 27341
Page 2 Docket No. MW-26712
88-3-85-3-462
This Board has carefully reviewed the record. It finds that there is
sufficient evidence for the Carrier's finding of guilt and no Agreement violation in the appeal proc
contact the Carrier by the required time. A factual dispute over whether the
phone lines were or were not busy was determined by the Carrier to be an inadequate defence given tw
therefore denies the Claim.
In light of past Awards that this Board has reviewed on absenteeism,
including Third Division Award 26680 which indicates the Claimant's past
record, this discipline cannot be found to be harsh, unreasonable or unjust
(Third Division Awards 26342, 26265). This Board has ruled that patterns of
unauthorized and excessive absenteeism can result in dismissal (Third Division
Award 26266). The Board has no basis for setting aside the Carrier's five-day
suspension. The Claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.