Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36938
Docket No. CL-37003
04-3-01-3-669

The Third Division consisted of the regular members and in addition Referee John B. LaRocco when award was rendered.

(Transportation Communications International Union PARTIES TO DISPUTE:


STATEMENT OF CLAIM::



Form 1 Award No. 36938
Page 2 Docket No. CL-37003
04-3-01-3-669
(3) The Carrier shall be required to cancel the Clerical
Absenteeism Procedural Policy account of its absurd
interpretations and applications of its provisions to reprimand,
suspend or dismiss employees who have the misfortune of being
off work more than normally expected in a six month period
due to illness, injury and/or medication problems, etc.,
regardless if the absences were legitimate and approved, and
paid for under the sick leave rule.
(4) The Carrier knowingly violated the provisions of Rule 36 of the
current Agreement when it held a faulty investigation and
applied unwarranted discipline in this case beyond thirty (30)
days from the date the irregularity was known by the proper
Carrier official.
(5) This dispute has been presented and progressed in accordance
with the provisions of Rule 13 of the Agreement and should be
sustained."

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.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



After thoroughly and carefully reviewing the record, the Board concludes that there is insufficient evidence to find that the Claimant committed the charged infraction. Thus, the reprimand shall be removed from the Claimant's record.
Form 1 Award No. 36938
Page 3 Docket No. CL-37003


The Board also holds that it lacks jurisdiction to rescind the Carrier's attendance policy because the Board is not empowered to dispense declaratory relief. (See Third Division Award 36177.)




      Claim sustained in accordance with the Findings.


                        ORDER


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


Dated at Chicago, Illinois, this 22nd day of March 2004.