Public Law Board No. 2363
PARTIES
Brotherhood of Maintenance of Way Employees
TO
DISPUTE
: and
Seaboard System Railroad
<L & to
tut)
STATEMENT
Dismissal of Trackman V. W. Mason was without
OF
CLAIM
: just cause and is excessive. He is entitled to
reinstatement with seniority and all other rights
unimpaired and to back pay.
FINDINGS
: Claimant was absent from work April 26, 27, 28,
29 and 30, 1982. On May 3 he presented his fore
` man with a doctor's statement stating that he
had been treated on April 26 and "should be able
to return to work 4/27/82 with medication."
His absences after April 26 support Carrier's
conclusion that discipline is warranted in this case. It is an
important obligation of every employee to provide steady service.
Claimant's excuses for his absences and failure to notify the proper
authority are unpersuasive.
In determining the measure of discipline, it was
not inappropriate for Carrier to take claimant's prior record into
consideration. That record shows that clai4nant had been given
2.
-3~3-$wp `1 b
repeated formal warnings and disciplined as the result of his excessive absences in 1977, 1978 and 1981.
In this setting, no valid ground is perceived
for reversing Carrier's decision to dismiss claimant.
AWARD: Claim denied.
Adopted at Jacksonville, Florida,
A_ftc)4A~-
h~
1984.
Harol M: Weston`,_~ Chairman
Employe Me ber
e.