Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of `gay Employes
  
TO
DISPUTE:   and
   
Seaboard System Railroad, formerly L & N
STATEMENT 1. The dismissal of Charles McCormick, Track
  
OF
 
CLAIM:  Repairman, was without just and sufficient
    
cause.
   
2. Claimant shall now be restored to service
    
with all rights unimpaired.
FINDINGS: Claimant, an employee with 4J years service,
   
was dismissed on September 18, 1983 for being
   
absent without proper authority. He had not
   
protected his assignment on that occasion for
   
nine days after Roadmaster Elliott had denied
   
his request to be off for personal reasons.
   
He had previously been dismissed on two prior
   
occasions. In the first instance, in May 1982,
   
he requested leniency and asked to be enrolled
   
in the Employee Rehabilitation Program since his
   
problem was due to drinking; he was enrolled
   
in a Program and reinstated on a leniency basis
   
in December 1982.
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He was again dismissed in August 1983 because of
absences without authority and again was rein-
stated on a leniency basis on September 6, 1983. -
 
The following day, however, was the first of the
 
aforementioned nine-day period in which he again
 
failed to protect his assignment.
 
Carrier has been quite patient. Claimant had
 
been counselled regarding his absenteeism and
 
other problems and had also been administered a
 
14-day suspension for absenteeism in addition
 
to the disciplinary action that we have already
 
mentioned.
 
No persuasive explanation has been advanced for
claimant's failure to protect his assignment. Personal problems
do not constitute sufficient grounds for relieving claimant from
his obligation to cooperate with his employer in meeting its dif
ficult manpower problems.
AWARD: Claim denied.
Adopted at Jacksonville, Florida ~  /,  1985.
We-
4  
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Employee' Member