Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27578
THIRD DIVISION Docket No. MW-26584
88-3-85-3-334
The Third Division consisted of the regular members and in
addition Referee Edward L. Suntrup 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 H. Hester
for 'failure to report for duty on January 17 and 20, 1984; and February 2,
1984' was arbitrary, capricious and without just and sufficient cause (System
Docket CR-873-D).
(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.
The Claimant was advised on February 9, 1984, to attend an investigation to determine his respon
failure to report for duty on January 17 and 20, 1984, and on February 2,
1984, at the Carrier's Canton Maintenance of Way Shop, Canton, Ohio. He was
charged with excessive absenteeism. The investigation was held on February
13, 1984, and the Claimant was found guilty as charged and assessed a five day
suspension.
The record shows that as of February 28, 1983, there was a shop
policy in effect at Canton on absences, late starts and early quits. This
policy stated that any combination of these totalling three in thirty days
could result in a written warning with discussion. Further combinations after
this resulting in three days in thirty could result in disciplinary investigation.
Form 1 Award No. 27578
Page 2 Docket No. MW-26584
88-3-85-3-334
There is nothing in the record to show that the Claimant was not fully aware
of this policy. He had been absent three days and started late on two days in
the month of November, 1983, and he had received a written warning with discussion because of this.
sick on the two days in January and the one day in February of 1984, although
he was not prepared to substantiate these absences with medical evidence
because it was his testimony at the investigation that he "...didn't think it
was necessary" to go to the doctor.
There can be no doubt that the Claimant was in violation of company
policy and that in accordance with this policy he engaged in excessive absenteeism. Numerous prior A
reasonably subject an employee to discipline and that it is a serious violation of company rules and
8103; Third Division Awards 20032, 20768, 26266). On merits the claim cannot
be sustained.
The Organization representative raises a procedural point and objects
to the introduction into the record of information about the Claimant's prior
pattern of absences and his prior disciplinary record. The former is properly
before the Board because it was part of the substance of the original charge
levied against the Claimant by the Carrier. The Claimant was found guilty of
excessive absenteeism not only because he missed three days in early 1984, but
because this was the continuation of a pattern of absenteeism prior to that
time. The introduction of a Claimant's prior disciplinary record into the
record before a Board such as this is also proper, not as an evidentiary factor for determination of
to establish quantum of discipline (Second Division Awards 5790, 6632; Third
Division Awards 21043, 22320, 26265). The objection raised must, therefore,
be dismissed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy J f~fr - Executive Secretary
Dated at Chicago, Illinois, this 29th day of September 1988.