Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28089
THIRD DIVISION Docket No. MW-28230
89-3-88-3-7
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Missouri-Kansas-Texas Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track Laborer B. J. Derr for alleged violation
of General Rule 604 was arbitrary, capricious, without just and sufficient
cause and an abuse of the Carrier's discretion (System File 100-146/2579).
(2) The Claimant shall be reinstated to service with seniority and
all other rights and benefits intact, her record shall be cleared of the
charge leveled against her, and she shall be compensated for all wage loss
suffered beginning April 3, 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 was employed as a track laborer by Carrier. On March 19,
1987, Claimant was directed to attend a formal Investigation of the charge:
"to develop the facts and determine your responsibility, if any, for unexcused absences commenci
March 4, 1987 and continuing."
The Hearing took place on March 27, 1987, and as a result, Claimant was
dismissed from service. The Organization thereafter filed a Claim on
Claimant's behalf, challenging her dismissal.
This Board has reviewed the evidence and testimony in this case, and
we find that there is sufficient evidence in the record to support the finding
that the Claimant was guilty of being absent without permission on the date in
question. Therefore, the Carrier had a right to impose discipline.
Form 1 Award No. 28089
Page 2 Docket No. NW-28230
89-3-88-3-7
Once this Board has determined that there is sufficient evidence in
the record to support the guilty finding, we next turn our attention to the
type of discipline imposed by the Carrier. This Board will not set aside a
Carrier's imposition of discipline unless we find the action taken to have
been unreasonable, arbitrary, or capricious.
In the case at hand, the Claimant was dismissed for a very serious
violation. The Claimant had a responsibility to cover her position, and her
subsequent absences were not justified. This Board has held on numerous occasions that failing to co
Board cannot find that the action taken by the Carrier was unreasonable, arbitrary, or capricious. T
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy r - Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1989.