Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27507
THIRD DIVISION Docket No. MW-27658
88-3-87-3-105
The Third Division consisted of the regular members and in
addition Referee Jack Warshaw when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
(Amtrak) - Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed upon Engineer Work
Equipment Operator G. M. Young for alleged excessive absenteeism was improper,
unwarranted and in violation of the Agreement (System File NEC-BMWE-SD-1449D).
(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.
Following an investigation into charges of excessive absenteeism on
November 8, 18 and 25, 1985, the Claimant was adjudged guilty as charged. By
letter dated January 13, 1986, the Claimant was suspended for thirty (30)
calendar days.
At the investigation the Claimant admitted his absence on November 8
and 18, 1985. He contended that he had the flu on November 8 and went to see
his doctor on November 18. However, he submitted no evidence to substantiate
his position. As regards his absence on November 25, the Claimant stated he
was sent home by the General Foreman because he had reported late for duty.
From our examination of the record established on the property the
Board finds there is sufficient probative evidence to support the Carrier's
determination as to the Claimant's culpability. See Third Division Award
Form 1 Award No. 27507
Page 2 Docket No. MW-27658
88-3-87-3-105
26399 and Special Board of Adjustment No. 986, Cases 3 (which upheld Claimant's suspension for e
These have previously found that the parties' October 26, 1976 Absenteeism
Agreement does not preclude the Carrier from disciplining employees for
excessive absenteeism and that three incidents of absenteeism (reporting late,
absent, leaving early) within a 30 day period constitutes excessive absenteeism). There is no provis
duty. See Second Division Awards 7355, 7384, 7551, 7567 and 8045.
The Board notes that the Carrier's progressive discipline policy
entails-a letter of warning, a 10-day suspension, a 30-day suspension and
finally dismissal. The Claimant's record discloses he had been given a letter
of warning on November 24, 1984, for 3 absences in October, 1984, and a 10-day
suspension in July, 1985, for 3 absences in March, 1985. Accordingly, it was
not unreasonable for the Carrier to impose a 30-day suspension for the Claimant's offense in this di
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J D r - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.