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.