Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27477
THIRD DIVISION Docket No. MW-26710
88-3-85-3-459
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein 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 D. Bassi
for failure to report for duty on April 9, 1984 and leaving work before the
end of your tour of duty on April 16, 1984 was unwarranted and in violation of
the Agreement (System Docket CR-1037D).
(2) The claimant's record shall be cleared of the charges 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.
Claimant, a repairman at Carrier's Canton Maintenance Shop at Canton,
Ohio, received a five day suspension following his failure to report for duty
on April 9, 1984, and for leaving work early without permission on April 16,
1984.
A review of the record shows testimony by the Assistant Engineer to
the effect that Claimant reported off on April 9, 1984, because his wife was
sick and on April 16, 1984, had an early quit because of illness. The record
further establishes that only a few weeks earlier, on March 26 and 27, 1984,
Claimant reported off work. He requested that those days be considered vacation days, but the reques
day allowance for that year.
Claimant does not deny that he was absent or left early on the dates
in question. Instead, he maintained that he had good reason not to report to
work and to leave early, and he detailed incidents of car repairs and illnesses among family members
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absences, the Organization asserts, the imposition of discipline was improper
and unwarranted.
This Board finds that the Organization's argument has been raised and
rejected in innumerable decisions before the various Divisions of the National
Railroad Adjustment Board. Many tribunals have held that excessive absenteeism, even for legitimate
tolerated. See, PLB 2037, Award Number 67; PLB 2263, Award Number 37; SBA No.
910, Award Number 32. We note, too, that this Board has ruled on numerous
occasions that one employee's past record or history of discipline may be
taken into consideration when assessing the question of discipline. See,
Third Division Awards 26265 and 26266. From the record here it appears that
Claimant was counselled for excessive absenteeism on December 16, 23, 27,
1983; January 16 and 23, 1984. He was also counselled for excessive absenteeism on April 25, 1983. U
assessed was appropriate and not an abuse of Carrier's discretion.
The Organization also asserted that the Canton Maintenance Way Shop
absenteeism policy conflicted with Rule 39 and 41 of the schedule Agreement
which state:
"Rule _39 - Mutual Agreement
Exceptions to any rule in this Agreement may be
made only by agreement between the Senior DirectorLabor Relations and the General Chairman.
Rule 41 - Effective Date and Changes
This Agreement, with its Appendices, is made in
accordance with Section 504(d) of the Regional Rail
Reorganization Act of 1973, as amended, and will be
effective February 1, 1982.
If a revision is desired by either the Company or
the Brotherhood, thirty (30) days notice in writing
of the modification desired, shall be given in
accordance with Section 6 of the Railway Labor Act,
as amended."
We find the Organization's reliance upon the foregoing rules to be
misplaced. The policy concerning employee absenteeism at Canton Maintenance
Way Shop does not constitute an exception to any rule in the Agreement, nor
does it constitute the unilateral revision of any provision or modification of
the Agreement. Therefore, there is no basis for concluding that either of the
foregoing rules has been violated.
As a final matter, we take note that the Organization advanced sever
al
additional arguments in its Submission which were never raised during the
handling of this dispute on the property. The Board will not entertain argu-
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Page 3 Docket No. MW-26710
88-3-85-3-459
ments first presented at this level. This well-established principle has been
followed in many Awards, of which First Division Award 18897, Second Division
Award 4296 and Third Division Award 5469 are merely representative examples.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: .40
_
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.