Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT "(1) The dismissal of Track Repairman G. L.
_OF
CLAIM: Stockdale was without just and sufficient cause
and on the basis of unproven and disproven
charges.
(2) Claimant Stockdale shall be afforded the
remedy prescribed in Rule 27(f)."
FINDINGS: Claimant was dismissed for excessive absenteeism.
The record establishes that during the period
between August 8 and December 9, 1977, he was
absent six days in addition to a continuous per
iod of absence from September 16 until November 22.
Claimant had been in Carrier's employ for just
about a year when his absences began. When he
laid off work on August 8 and 9, 1977, without
notice or permission and reported late for work
333- Ago a.7
2
on August 19, he was formally warned by letter of August 19,
1977 that if his absenteeism is not stopped, "You will be relieved
from duty."
Claimant again laid off on August 31 and September 1. His absence from September 16 to November 22 was, according to claimant, because of an old injury. After his return to
work, he was absent on December 5 but with permission. He reported for work late on the following day and was warned at that
time regarding his absenteeism by Roadmaster Wiggins. However,
claimant was again absent on December 7, this time without prior
notification or permission.
We find no persuasive basis for reversing Carrier's decision to dismiss claimant or setting aside its conclusion that, in less than
12
years service, claimant has shown that
he cannot be relied upon to provide steady and conscientious
service.
AWARD:
Claim denied.
Adopted at Louisville, Kentucky,
Harold eston, Ch,i an
1980.
Employe Membe