PUBLIC LAW BOARD 1837
(MW-BVE-77-76-78)
Case No.11
PARTIES TO DISPUTE;
Brotherhood of Maintenance of Way Employees
and
Norfolk and Western Railway Company
STATEMENT OF CLAIM:
1. The carrier violated the effective Agreement
dated Feb.ruary 1, 1951, when it assessed the
maximum penalty of dismissal. Such penalty is
excessive and unjustified.
2. Claimant A. L. Stovall be restored to service
with seniority and benefits unimpaired and payment allowed for the assigned working hours
actually lost, less any earnings in the service
of the company.
FINDINGS:
This Board upon the whole record and all the evidence
finds that:
The carrier and the employee involved in this dispute are
respectively carrier and employee within the meaning of the
Railway Labor Act, as amended.
This Board has jurisdiction over the dispute involved herein.
OPINION:
Claimant was hired May 31, 1971 as a Laborer; he was
assigned to the T-6 Gang. For the several months he was em-
ployed prior to his removal, the Claimant accrued excessive
absences doing so without prior approval or acceptable excuse.
Then, in September 28, 1977, he walked off the job without
i f
fled. 33_ /8.37
approval or Stificatlon to his.superAor of his intent
to do so. For both separate offenses, excessive absenteeism
and absence without approval, he was given a hearing at which
time he essentially admitted such infraction, citing unspecified
"personal reasons" as the basis therefor.
Tbe.Organization contends the claimant was not given
a fair opportunity to correct his attendance record and to
become fulLy,aware of the Carrier's expectations of him; it
also asserts an. unfair hearing procedure by having the
Claimant's supervior as hearing officer.
We find no basis for any asserted procedural errors
on the conduct of the hearing- Additionally, we are un-.
convinced that the Claimant was not aware of the potential.
of removal if his poor attendance persisted. Being a short`
service. employee-, he should-have been concerned to demonstrate.
himself as a.responsbile employee. He. did not.
AWARD:
Claim is denied.
Jam F. Scea,,rce, Neutral Member
G. C. Edwards, Carrier Member
w.
E. LaRue, Organization Member
Dated at
~~9..s
this 1-- day of
(.1.
1980
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