Public Law Board No. 2203
PARTIES
.Brotherhood of
Maintenance of Way Employes _
TO
DISPUTE
: and
Consolidated Rail Corporation
STATEMENT
Disciplinary case of Charles P. Norris, Trackman,
' OF .
CLAIM
: Urbana, Ohio, who was dismissed on September 19, 1977.
FINDINGS
: Under the progressive discipline policy provided for
in the January 26, 1973 Agreement for unauthorized
absenteeism, claimant received a written warning on
March 8, 1977 because of an unauthorized absence on that
date. He was suspended for five days because of another
absence without permission on July 14, 1977. When he
was absent a third time without authorization on
._ July 26, 1977, he received a ,45-day suspension. Fin
ally, he was dismissed as a result of unauthorized ab
sences on August 29, 30 and 31 as well as September 1
.. and 2, 1977. . . ...
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The Agreement of January 26, 1973, provides that the
progressive discipline policy "shall be applied uniformly." That
does not mean that Carrier must impose discipline for exactly the
same number of absences in every case. It rightly should have considerable latitude in applying the Agreement so long as"its actions
are reasonable and are based on acceptable explanations.
In Awards 3 and 7, we considered other instances where
employes were dismissed for unauthorized absences. In each instance,
they were allowed three episodes, each~ everal absences, before dig
missal. In the present case, unlike those situations, each episode
is limited to just one absence; while that might not be improper
under same circumstances, Carrier has offered no persuasive explana
tion for restricting claimant to that extent. It has not, for
example, shown that claimant's single absence was as serious as a
group of several absences in the other situations.
We areftisfied, therefore,. from an analysis of these
records that Carrier followed the pattern of the two other cases
(Nos. 3 and 7) in administering discipline here. In the absence
of some reasonable explanation for the difference, claimant's dismissal was premature.
We will direct Carrier to reinstate claimant with
seniority rights unimpaired but without back pay.
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AWARD: Claimant reinstated without back pay.
Adopted at Philadelphia, Pa., ' 1979.
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44
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Harbid M. W4~ston, Chairman
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Carrier Meznt~r Employe Member