Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27735
THIRD DIVISION Docket No. MW-27106
89-3-86-3-159
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis 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 twenty (20) days suspension imposed upon Truck Driver W. C.
Trader for alleged violation of Rules 'K' and 'L', was arbitrary, capricious,
without just and sufficient cause and on the basis of unproven charges (System
File NEC-BMWE-SD-1146D).
(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 sustained an injury on September 7, 1984, and was taken to
the Osteopathic Medical Center. The physician stated he would be totally
disabled until September 9, 1984.
Claimant contacted Carrier on September 18, 1984, and was informed
that his absence since September 9 was unauthorized, and that he should submit
written documentation from his physician as to his condition to justify his
absence since September 9. No information was forthcoming.
Claimant contacted Carrier's office on September 28, 1984, to request
postponement of an investigation scheduled to determine his responsibility for
allegedly failing to comply with Carrier's directive to either return to his
assigned duties or furnish medical documentation. He was again informed that
he was to have his doctor supply written information to justify his absence.
The information was not provided. The trial was postponed and was held on
November 19, 1984. As a result of this hearing, a twenty-day suspension was
imposed.
Form 1 Award No. 27735
Page 2 Docket No. MW-27106
89-3-86-3-159
It is clear from the record that Claimant failed to comply with the
rules set forth in the Agreement between the Organization and Carrier after
being advised that he was obligated to file a doctor's report. Carrier was
correct in concluding that Claimant was absent from duty without providing
medical documentation to support such absence, as directed.
A review of the record indicates that the trial of the case was conducted fairly and impartially
capricious, excessive, or an abuse of discretion under the circumstances set
forth in the record.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of March 1989.