Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27343
THIRD DIVISION Docket No. MW-26720
88-3-85-3-461
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 R. D.
Smith for failure to report for duty at his assigned starting time on March
30, 1984 was unwarranted and in violation of the Agreement (System Docket
CR-1035D).
(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.
On April 9, 1984, the Claimant was notified by the Carrier to attend
a Hearing to consider the charge of excessive absenteeism. The Hearing was
held on April 19, 1984. Following the Hearing the Claimant was notified that
he had been found guilty and was assessed a five days' suspension.
The facts of this record are not in dispute. Claimant had a number
of previous late starts. On September 29, 1983, Claimant was counseled with
respect to his late starts as a warning to correct his behavior. He was aware
of the Canton Shops Policy with regard to late starts and absenteeism. On
March 9, 15, and 30, 1984, the Carrier marked Claimant late. Claimant admits
in the record that he was late on all three occasions. He had not corrected
his behavior. Claimant is therefore guilty as charged.
After finding that there is sufficient evidence to support the Carrier's determination of guilt the
the assessed discipline. Carrier has a right to establish an absenteeism
policy. It must however apply that policy justly and reasonably. Here, the
Form 1 Award No. 27343
Page 2 Docket No. MW-26720
88-3-85-3-461
Claimant disputes that he was five minutes, rather than one minute late.
Still, Claimant was late and therefore in violation of the Carrier's Canton
Shop Policy. This Board has carefully reviewed past Awards and finds that in
the instant circumstances, the imposed discipline was harsh. The Board
reduces the discipline for this offence to three days of suspension (Third
Division Awards 26268, 26234). Claimant is to be compensated for lost wages.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
414
Nancy J. D - Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.