Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27703
THIRD DIVISION Docket No. MW-27578
89-3-87-3-9
The Third Division consisted of the regular members and in
addition Referee Mary H. Kearney when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Machine Operator H. McGary for absenteeism from
work without proper authority on January 6, 8, 9, 10 and 13 through 17, 1986,
was arbitrary, extremely harsh and in violation of the Agreement (Carrier's
File 247-7201).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, his record 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.
At the time the instant Claim arose, Claimant was employed as a Machine Operator on Distr
nine (9) working days he failed to report to protect his assignment. In the
months immediately preceding this, Claimant had several additional instances
where he had been absent from work apparently without proper authority.
The Carrier scheduled an Investigation of the facts surrounding
Claimant's absenteeism, but Claimant failed to appear. The Organization contends that the Claimant w
contends it sent Claimant a notice of the Investigation by certified mail and
it presented evidence thereof. We have reviewed the record and find the Organization's contention wi
Form 1 Award No. 27703
page 2 Docket No. MW-27578
89-3-87-3-9
Further, the Board will not consider the organization's contention
that the Claimant's position was prejudiced when the Superintendent assumed
multiple roles during the disciplinary proceedings since this matter was not
raised on the property. It is well settled that objections not so raised may
not properly be raised for the first time before this Board.
The merits of this Claim were uncontested. In light of the above
determinations, the decision by the Carrier will stand.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~Zo
Nancy J ,over - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of February 1989.