PUBLIC LAW BOARD N0. 1925
Award No. 11
Case No. 11
File No. MW-77-15
Parties Brotherhood of Maintenance of Way Employees
tc, and
Dispute Southern Pacific Transportation Company
-Texas and Louisiana Lines-
statement 1. Carrier violated the effective Agreement, on November 12,
of 1976, by improperly dismissing from service Machine Operator
Cl:,im: Helper Jackie Menard.
2. Claimant Menard shall now be reinstated to his former
position with all seniority, vacation, insurance coverage, and
any other rights accruing to him, unimpaired, and with pay for
all time lost, on this account.
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, an Extra Gang Laborer on the Lafayette Division, was
dismissed from service November 12, 1976, for absenting himself
from his employment on November 3, 4, 11 and 12, 1976, resulting
in violation of Rule 810 which in pertinent part provides:
"M-810 Employees must report for duty at the prescribed time
- ,. PLG )qa5
-2- Award No. 11
and place, They must not absent themselves from their
employment without proper authority... Continued failure by
employees to protect their employment shall be sufficient
cause for dismissal...''
Claimant was accorded due process and no procedural error is
raised to bar our review of the case on its merits. The transcript
supports Carrier's conclusion. In fact, it reflects therein that
Claimant admitted being absent and being without authority
therefore.
Claimant's service record provides no reason for modification of
the reasonable discipline imposed and the claim will be denied.
Award: Claim denied.
11~-.OOJO.-A,
A. J. C ningham, ip yee Member R. W. Hickman, Carrier Member
i ~
Art ur T. Van Wart, Chairman
and Neutral Member
Issued at Falmouth, Massachusetts, September 7, 1977.