PUBLIC LAW BOARD N0. 1760
Award No. 27
Docket No. ;[W-TOL-78-1
Parties Brotherhood of :Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement
of Claim: Carrier violated the effective agreement when William H. Bar:siler
was unjustly dismissed.
Claimant William H. Barwiler shall be reinstated to Carrier's
service as provided in Rule 20 of the current Agreement.
Findings: The Board, after hearing upon the whole record and evidence,
finds that the parties herein are Carrier and Employee within the meani-ag
of the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated February 2, 1976, that it has jurisdiction of the
parties and the subject matter, and thatthe parties were given due
notice of the hearing held.
Claimant, a Section laborer, was employed at Toledo, Ohio for some
two and one half years. He' was dismissed from service effective March 2.0,
1978 =or:
"Your continuous absenteeism without authorization
from your foreman or supervisor has resulted in
your losing a considerable amount of time, and
this practice can no longer be tolerated.
Since you have not worked since May 4, 1973,
the railway company now considers you as having
resigned from its service and have closed out
your file."
The Board finds that here the Carrier's position is supported by
the weight of the evidence. The record reflects that here Claimant kne";
that he was going to leave the state. Yet, as on other occasions, he
neglected to notify his supervisor of his absence. Claimant agreed that
he was aware that he had an obligation to notify his supervisor, he
admitted that even after he had arrived back and had received Carrier's
letter that he made no effort to contact his supervisor. Claimant aiso
_2_ Award No. 27 - / 76
0
attested that there was not any reason chat a could not have notified
his sinervisor that he would not be back to work.
Rule 12A provides for leaves when tae requirements of the ser-rice
so permit upon the employee's request.
Under the circumstances, the Board concludes that Claimant was
given a fair and impartial hearing, that the transcript supports the
charge and that the discipline assessed in the circumstances is found
to be reasonable. This claim will be denied.
A·vard: Claim denied.
.·I. Sv. Christie, Employee Member G. C. Edward,$ Carrier :Member
r_ i~ Wart, Chairman
and Neutral Member
Issued at Falmouth, Massachusetts, Jane 30, 1980.