PUBLIC LAW BOARD
NO. 2142 - -
Award
No. 3
Docket
No. MW-1115
Case
No. 11
Parties Brotherhood of Maintenance of-Way Employees
to and
Dispute Illinois Central Gulf Railroad Company
Statement
of Claim: 1. Carrier improperly and unfairly dismissed Merrill F. Boston
as of August 25, 1976, alleging him to be in violation of
Rule 39 of the effective Agreement.
2. Claimant Merrill F. Boston be restored to Carrier's
service and be paid for each work day since January 8, 1977.
Findings: The Board, after hearing upon the whole record and 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 January 23, 1978, that it has jurisdiction of the
parties andthe subject matter, and that the parties were given due
notice of the hearing held.
Claimant Trackman last worked on June 17, 1976. He went on a medical
leave of absence from June 17, 1976-which expired July 12, 1976. Carrier
was in receipt of a medical statement from a Dr. Todd, effective July 12, 1977, -
releasing Claimant to work. Claimant neither returned- to work nor
requested an extension of his leave of absence.
On July 19, 1976, Claimant came to the office
with
a medical note from ,_
a second Doctor, a Doctor Mitler, stating that he had been treated that date
for swelling and discomfort of left ankle and knee and that he was to be
seen again July 21, 1976. Again, Claimant never reported back to work
-2- Public Law Board No. 2142
Award No. 3
or requested a leave of absence. Claimant's service record was closed
August 25, 1976. September 8, 1976, two weeks after Claimant's service
record was officially closed, Claimant came into the office with a
medical release from a third Doctor. Said release stated that Claimant
had been under his care from July 19, 1976-through July 30, 1976-and
that he was having problems with his left ankle and knee and that he
was discharged from his care July 30, 1976. At no time, during Claimant's
absence since July 12, 1976, had Claimant advised his foreman or supervisor
that he was absent because of illness.
Rule 39-- "Unauthorized Absence" provides:
"An employee who is absent from his assigned position for
seven (7) consecutive work days, will be considered as having
abandoned his position and resigned from the service."
The Board finds that Claimant by his failure to request a leave
of absence had thereby abandoned his position and that he had clearly
violated Rule 39. The phrase
"unless such absence from service is due to physical incapacity
as evidenced by a released signed by a medical doctor."
had been deleted from Rule 39, April 1, 1976. However, even if it had not
been so deleted, Claimant's failure to have requested a leave of absence
or to have taken some affirmative action to protect himself would have, as
here, resulted in the Board's reaching the same conclusion. Further,
there was no denial of the assertion made that Claimant had been seen
painting signs in Onarga and Gilman, Illinois.
One fundamental rule governing the conduct of an employee is that
he must report for work at the time and place designated by his employer.
-3- public Law Board No. 2142
Award No. 3
Inherent in such rule is the corollary obligation to request permission
to be absent when the employee is not able to report to work or to report
on time. Such rule of required employee conduct has been recognized as
being most vital to effective railroad operation and that unauthorized
employee absence poses a serious threat to safe and effective railroad
operation and merits stringent disciplinary action. For example, in
Second Division Award 6740 (Shapiro), involving this Carrier, it was held:
"This Board has repeatedly pointed up the detrimental effect
of absenteeism upon the operations of the railroads (Award
1814-Carter, Award 5049-Johnson). The confusion and disruption
created when an employee absents himself from work without
due notice to supervision is harmful not only to the employer
but to other employees as well. We therefore cannot fault
management when it takes effective measures to deter excessive
absenteeism and tardiness. The Petitioner Organization
recognized- this when it negotiated agreements with carriers
with rules such as Rule 39 of the Controlling Agreement
between parties hereto ...."
Claimant's present status is the direct result of his own inaction.
There is no valid reason in this record to cause change in such status.
This claim will be denied.
Award: Claim denied.
A. J.· unningham, ploy a ber . Ha , Carrier Member
Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Falmouth, Massachusetts, August 28, 1978.