Case #15
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(MW-BVE-76-100)
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
vs
Norfolk and Western Railway Company
STATEMENT OF CLAIM:
1. The Carrier violated the effective agreement
dated February 1, 1951, on July 2, 1976, when it unfairly
and unjustly dismissed Claimant Barron Gurley.
2. Claimant shall be reinstated with seniority, vacation and all other rights unimpaired, and compensate. him
for all monies loss suffered by him, beginning tire date
be was removed from service and up to the date Claimant
was returned to active service.
FINDINGS: This Board upon the whole record and all the
evidence finds that:
The carrier and employee involved in this dispute are
respectively carrier and employee within the meaning of
the Railway Labor Act, as amended.
This Board had jurisdiction over the dispute involved
herein.
OPINION:
A review of the record leaves little to doubt that the
Claimant failed to report for work variously and/or continuously during May and June, 1976, even though being advised on
three separate occasions that his continued failure to do so
would result in appropriate discipline.or a presumed resignation. A11 such communiques were conveyed by certified U. S.
Mail and signed for by the Claimant as received. We find no
locate #15
Page 2
support for the Organization's claim that lack of
receipt of a paycheck was sufficient-basis to excuse
either the Claimant's reporting. or advising of his status.
Further, we are unable to sustain as sufficient cause to
set aside the Carrier's action, the fact that the charging
officer also convened as hearing officer; the Claimant's
actions or inactions stand on their own merit in that regard.
We f±nd no basis to conclude other than that the
Claimant was well-advised of the impending action and
failed to take the necessary steps to protect his position.
AWARD:
Claim is denied.
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C. Edwards
Carrier Member
Dated this
F ed Wuxpel, Jr.
41
Organization Member
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