PUBLIC LAW BOARD N0. 1838
Award No. 57
Docket MW-PO-79-48
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement This Claim is filed on behalf of J. L. Webb for reinstatement
of to service after being dismissed account being absent
Claim without permission.
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 was dismissed from service because of his absenteeism.
Carrier concluded at the requested investigation held
that it supported its original conclusion that Claimant
was culpable thereof.
The Board concludes that there can be no question as
to Claimant being consistently absent. Claimant was
employed in April 1979. He was issued his first letter
warning for absenteeism on
June
14th. On
June
19th
Claimant was assessed a 30 day deferred suspension for
unauthorized absenteeism. In spite of repeated warnings
and
these disciplinary
assessments Claimant's absenteeism
Award No. 57 - PLB 1838
Page 2
continued unabated,
He worked only four (4) days out of ten (10) in October
1979 and nine ((9) days out of sixteen (16) working
days in November 1979, Consequently, Claimant was dismissed
from service effective November 23, 1979. The Board
finds that Carrier need not be burdened with a parttime employee nor with an employee who demonstrates
that he does not desire to work for them. As noted
in Award No. 374 of Public Law Board No. 717 (Criswell):
"This Claimant appears to be one of many
who seeks work with the Railroad and soon
thereafter, acts with total disregard for
the needs of Carrier's service. If there
was no need for the position the Carrier
would not have it existing."
We find that is the circumstances the discipline is
reasonable.
Award Claim denied.
· ~iIAI~ i ~ .
A. D. Arnett., Employee Member E. N.Jdcobs Jr:, Carri Member
ii
~ Arthur T. Pan Wart, Ch irman
and Neutral Member
Issued at Falmouth, Massachusetts July 22, 1981.