Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28079
THIRD DIVISION Docket No. CL-28448
89-3-88-3-249
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Organization
(GL-10272) that:
(1) Carrier violated the rules of the current Clerks' Agreement at
Fresno, California, when it improperly removed Mrs. S. L. Bady from service on
July 31, 1987, and
(2) Mrs. Bady shall now be returned to Carrier's service and paid for
loss of wages and benefits commencing July 31, 1987."
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, a Steno in Fresno, California, was notified to attend an
Investigation into her allegedly absenting herself from duty without proper
authority beginning June 12, 1987. Following a Hearing on July 21, 1987, she
was found guilty of the charge and dismissed from service.
The Organization maintains that Claimant properly notified her Supervisors that she would be una
1987, and that she would not be able to return to work until released by her
physician. She was in the hospital between June 17 and 22, 1987, but was not
released by her doctor at that time. Carrier, on the other hand, argues that
Claimant was off without an approved leave of absence and did not furnish a
doctor's statement, as requested. Carrier also points to Claimant's poor past
attendance record as grounds for upholding her dismissal.
This Board finds the record somewhat unclear as to what occurred here
and who precisely was made aware of her request to be off. While it appears
Form 1 Award No. 28079
Page 2 Docket No. CL-28448
89-3-88-3-249
that Claimant did not follow appropriate procedures in all respects, there is
also some evidence that she was in fact ill at the time. Under these circumstances, we shall return
intact, but without backpay. Claimant must be aware, however, that good
attendance and proper adherence to procedures is essential for her to retain
her employment in the future with Carrier.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. p v -Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1989.