Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27786
THIRD DIVISION Docket No. CL-28347
89-3-88-3-194
The Third Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10267) that:
i. Carrier's action in the dismissal from service of Ms. Arletha
Pulphus, Train Clerk, Bensenville, IL, effective August 29, 1986, was
arbitrary, capricious and unreasonable.
2. Ms. Arletha Pulphus shall have her record cleared of all charges
placed against her as a result of this dispute.
3. Ms. Arletha Pulphus shall be reinstated to the service of the
Carrier with seniority and other rights unimpaired.
4. Ms. Arletha Pulphus shall now be compensated for all wages and
other losses sustained account of her arbitrary dismissal."
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.
Prior to the occurrence giving rise to the dispute herein, Claimant
was employed by the Carrier as a train clerk at Bensenville, Illinois. Following an Investigation co
from service for failure to properly protect position to which she was assigned on August 9, 1986.
A copy of the transcript of the Investigation conducted on August 20,
1986, has been made a part of the record. We find that the Investigation was
conducted in a fair and impartial manner. Claimant was present throughout the
investigation and was represented.
Form 1 Award No. 27786
page 2 Docket No. CL-28347
89-3-88-3-194
The recor_ as that on August 9, 1986, Claimant was called at her
home, about thirty minutes after the starting time of her assignment, to as
certain why she had not reported to work. She stated that she was ill and had
so informed the Chief Clerk the previous day. A call to the Chief Clerk on
duty the previous day, August 8, 1986, revealed that Claimant had requested a
day off on that day only. The Chief Clerk on duty on August 8, 1986, testi
fied in the Investigation that Claimant had laid off for one day only on
August 8, 1986. A written record prepared by the Chief Clerk on August 8,
1986, was introduced confirming that fact.
In the Investigation Claimant stated that she had laid off on August
8, 1986, until further notice.
This Board has issued Awards too numerous to require citation that it
will not weigh evidence, attempt to resolve conflicts therein, or pass upon
the credibility of witnesses. We adhere to that principle here. We find that
substantial evidence was adduced in the Investigation in support of the charge
against Claimant.
We note that the Claimant's prior record with regard to absenteeism
and tardiness was far from satsifactory. She had previously been dismissed
from service in June, 1985, for failing to protect her assignment, and reinstated on a leniency basi
and the date of the occurrence here involved, the Claimant had received five
letters of reprimand for tardiness and absenteeism.
There is no proper basis for the Board to interfere with the discipline imposed.
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 29th day of March 1989.