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 Assistant Foreman C. W. Bowl
_OF
CLAIM: ing for alleged excessive absenteeism was without
just and sufficient cause and wholly dispropor
tionate to such a charge (System File 1-5(20)
(79)).
(2) Assistant Foreman C. W. Bowling shall be re-'
instated in his seniority district with seniority
and all other rights unimpaired and compensated
for all wage loss suffered.
FINDINGS: Claimant was dismissed for excessive absenteeism
and tardiness. He had been employed about
54
years
at the time of his dismissal.
The record shows that during the last six months
of his employment, he had been absent or late on a number of Mon-
.
2
--.,4~.va 3~
clays (immediately after his weekend rest days) and other dates
without permission. While a sound basis exists for disciplinary
action, such extreme discipline as dismissal does not appear to
be appropriate in this setting, particularly in the absence of a
stronger record of prior discipline for absenteeism. Claimant
will be reinstated without back pay.
AWARD: .Claimant to be reinstated with seniority rights
unimpaired but without back pay. To be effective
kithin 30 days.
Adopted at Louisville, Kentucky, February 27, 1981.
v
y
Harold M..Weston, Chairman
Ca`ier Member Employe Membe