Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27744
THIRD DIVISION Docket No. MW-27875
89-3-87-3-619
The Third Division consisted of the regular members and in
addition Referee Charlotte H. Gold when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Port Terminal Railroad Association
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Assistant Foreman D. R. Collins for alleged
'...
violation of
...
Rule Numbers 84 and 97. ***' was without just and
sufficient cause, arbitrary and on the basis of unproven charges.
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, his 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, an Assistant Foreman, was dismissed from service on August
15, 1986, for his failure to protect his assignment since November 13, 1984,
and for having been arrested on October 1, 1985, and July 21, 1986, for possession of cocaine. Claim
Rules 84 and 97.
Rule 97 provides that employes "must not absent themselves from their
employment without proper authority" and that "continued failure by employees
to protect their employment shall be sufficient cause for dismissal." Carrier
concluded that the medical documentation provided by Claimant to explain his
absence was insufficient and this Board must agree. On this basis alone,
Claimant's dismissal was warranted. The Board need not address itself to the
Organization's arguments on off-duty behavior.
Form 1 Award No. 27744
Page 2 Docket No. MW-27875
89-3-87-3-619
The Board finds that Claimant was afforded all procedural rights
guaranteed by Agreement and that there was sufficient evidence adduced at his
investigation to sustain the charge.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy Jsr - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of March 1989.