t

' Award No. 7

Case No. 7

Public Law Board No. 2203

PARTIES Brotherhood of Maintenance of Way Employes

- TO

DISPUTE : and -

Consolidated Rail Corporation

STATEMENT "Dismissal case of R. J. Lillard, Machine Operator,

OF

CLAIM : TK 311, for absenteeism on June 8, 1977."

FINDINGS : On August 30, 1976, claimant was warned in writing

that further unauthorized absences would not be toler

ated and would subject him to discipline; he had been

absent three times without permission in July 1976,

although he had only been in Carrier's employ since

June 14, 1976. When he was again absent without per

mission six days in September and one in October 1976,

he was assessed a six-day suspension,:

On March 30 and April 14 and 18, 1977, claimant was

again absent without authorization. He was dismissed from Carrier's

_ service after a hearing had been held on due notice to him. Claim-

ant did not attend the hearing nor notify his representative that

.. :_:. it would be held.
There is no question but that Carrier erred when it failed to .notify the Organization of the hearing. This:omission alone would constitute a basis for setting aside the disciplinary action in an appropriate situation. However, in this case, where the record clearly shows a pattern of unauthorized absences within a very short period of employment as well as a failure to appear at the scheduled hearing although the evidence indicates that claimant did receive notice .thereof, we are not persuaded that Carrier's decision should be reversed. Claimant was administered discipline on a reasonably progressive basis and there is no indication that any request was made for a new hearing or to present additional evidence. The claim will be denied on the specific facts as this case and not as a precedent.

AWARD:

Claim denied.

Adopted at Philadelphia, Pa., ill

'IG;

Carrie-?-M mbe,

1979.

Harold M: West.r. Chairman

Employe Member