PUBLIC LAW BOARD N0. 1925
Award go. 10
Case No. 10
File No. MW-77-11
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Southern Pacific Transportation Company
-Texas and Louisiana Lines
Statement 1. Carrier violated the effective agreement on September 20,
of 1976, by dismissing Extra Gang Laborer 7. R. Rossett from Carrier's
Claim: service on the charge that he had been absent from his assignment
since May 14, 1976.
2. Claimant Rossett be now reinstated to service and paid for
all time lost and with all his seniority, vacation and other
rights unimpaired.
Findings: The Board finds, after hearing upon the whole record and all
evidence, 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 23, 1977, 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 Laborer on the San Antonio Division, was dismissed
from service September 20, 1976, because of his being absent since
May 14, 1976, without proper authority resulting in violations of
Rules I+-810 and M-811.
The investigation requested and granted caused no change in
PL
r3 Iqa5
· -2- Award No. 10
discipline imposed by Carrier.
Rules M-810 and M-811 in pertinent part provide:
"M-810 Employee must report for duty at the prescribed time
and place, They must not absent themselves from their
employment without proper authority. Continued failure to
protect their employement shall be sufficient cause for dismissal."
"M-811 Employees must not absent themselves from their places,..."
Claimant received due process; sufficient evidence was adduced
to support Carrier's conclusion as to Claimant's culpability.
Unauthorized absence from duty is a serious offense and as here,
when proven, generally results in a severe penalty including
dismissal from service. The record provides no cause to conclude
such decision was arbitrary, capricious or unreasonable.
This claim will be denied.
Award: Claim denied.
A. J. C n ingham, Em ee Member R. W. Hickman, Carrier Member
'
Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Falmouth, Massachusetts, September 7, 1977.