- PUBLIC LAW BOARD N0. 1838
f
` Award No. 19
File MW-MU-77-23
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement The Brotherhood requests that Claimant K. D. Goode be restored
of to service with vacation, seniority and all other rights unim
Claim paired and that he be paid for all time lost as a result of
his dismissal.
Findings The Board, after hearing upon the whole record and all evidence,
finds that the parties herein are Carrier and Employee within
- the meaning of the Railway Labor Act, as amended, that this
Board is duly constituted by Agreement dated March 1, 1976,
that it has jurisdiction of the parties and the subject matter,
and that the parties were given due notice of the hearing held.
Claimant, a Section Laborer, was dismissed from service, effective
October 3, 1977, as a result of his habitual unauthorized
absence from the service, in violation of Rule 26 of the
current M&W Agreement, which provides:
"An employee desiring to be absent from service must
. obtain permission from his foreman or the proper officer.
An employee detained from work on account of sickness
or
for other unavoidable cause shall notify his foreman
or the proper officer as early as possible."
A formal
investigation was
held in connection thereon October 25,
1977. As a result thereof Carrier concluded Claimant guilty as
charged and the dismissal was upheld.
The Board finds that Claimant was properly handled pursuant
to Rule 33 - "Discipline and Grievances".
Award No. 19 -1$38
Page 2
There was sufficient evidence adduced upon which Carrier based
its
conclusion-that Claimant
was guilty as charged. It was not
denied that Claimant was absent from his assigned position
without permission, and without properly
notifying his
Supervisor.of his intended absence, on approximately 32 days
out of a possible 102 work days, or approximately 1/3 of the
potential work time.
The Board finds that the discipline imposed was not unreasonable.
In the circumstances this Claim will be denied.
e
Award Claim denied.
A, . .~
Arn=p oyee Member ' . Edwards, Carrier Member
'Att
u~r
T.
Van Wart, Chairman
Issued at Wilmington, Delaware, November 26, 1979.