Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32428
Docket No. MW-32672
98-3-95-3-609
The Third Division consisted of the regular members and in addition Referee
Hyman Cohen when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Louisville and
( Nashville Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The letter of reprimand assessed Foreman J. D. Long for his alleged
unauthorized absence on June 21 and 27, 1994 was without just and
sufficient cause and based on an unproven charge [System File
16(11)(94)/12(94-1045) LNR1.
(2) The Agreement was violated when the Carrier withheld Foreman
J. D. Long from service prior to the October 17, 1994 hearing.
(3) As a consequence
of
the violations referred to in Parts (1) and/or (2)
above, Foreman J. D. Long shall now have his record cleared of the
letter of reprimand and shall be compensated for all wage loss
suffered due to being withheld from service prior to the hearing."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21, 1934.
Form 1 Award No. 32428
Page 2 Docket No. MW-32672
98-3-95-3-609
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
By letter dated July 8, 1994, the Carrier charged the Claimant with "being absent
without permission as required by Rule 12
of
the Agreement from April 26 to, and
including, June 6 (excluding rest days), June 21 and from June 27 to and including July
5 (excluding rest days)." Subsequent to the Investigation the Carrier advised the
Claimant in a letter dated November 16, 1994
of
its findings which included that he was
absent without permission on June 21 and June 27, 1994. As a result, the Carrier issued
a letter
of
reprimand to the Claimant.
A careful examination
of
the record establishes that the Claimant admitted that
he failed to report for work at his assigned time on June 21 and 27, 1994; nor did he
notify his Roadmaster
of
his absences on those days. Clearly, the Claimant's absences
on June 21 and 27, 1994 were unauthorized.
Contrary to the argument raised by the Organization, the Claimant received a
fair and impartial Hearing. No showing has been made with respect to how the
Claimant's rights were impaired or prejudiced by the manner in which the Hearing was
conducted. Clearly, the procedural claims which have been asserted by the
Organization are not supported by the record.
The Board concludes that the Claimant's absences were unauthorized. It is the
Board's judgment that the Carrier's lenient discipline of a written reprimand be upheld.
AWARD
Claim denied.
Form 1 Award No. 32428
Page 3 Docket No. MW-32672
98-3-95-3-609
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 21st day of January 1998.