Public Law Board No. 2363
 
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 
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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, 
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ifl 
1979.
Harold M. Weston, Chai an
U 
carrier Member Employe Member