PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. Dismissal of Trackman T. R. Begley for
_OF
CLAIM: allegedly being absent without proper leave
- was without just and sufficient cause, unwar
ranted and on the basis of unproven charges.
2. Claimant shall be reinstated with seniority
rights unimpaired and pay for time lost in ac
cordance with Rule 27(f).
FINDINGS: We find no valid basis for substituting our
judgment for that of Carrier in this matter.
The record clearly establishes that claimant
was absent from work on September 26, 27 and
30, and left work after being on duty only 22 .
hours on October.4. He did not bring a doctor's
excuse for these absences-although he had been
-, - ~~y3 - ~wt~ 1 I
instructed by his Foreman to do so. He was formally warned in -
r writing on October 4 that if he continued to be abset without
authority, disciplinary action would be taken. Yet on October 7
he did not report for work or notify anyone in authority in that
regard. He continued to be absent until October 14 and on that
day when he reported for work, he was dismissed for excessive
absenteeism.
At the hearing that was held in this matter on
October 26, a "disability certificate" signed by a physician
. and dated October 25, 1977, was presented. .It states that
claimant was physically unable to perform his duties from
October 10 to 14 of that year.
There is no persuasive ground in the light of
this record for setting aside Carrier's finding that claimant
could not. be relied on to perform consistent service. His dis
missal for excessive absenteeism will not be interfered with by
this Board. No sound reason has been shown for his unsatisfact
ory attendance ever since September 26.
AWARD: Claim denied.

                        Adopted at Louisville, Kentuky, l~c.~,..~.h. ifl 1979.


                        Harold M. Weston, Chai an


U carrier Member Employe Member