Public Law Board No. 2363
PARTIES Brotherhood
of
Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. Dismissal of R. M. Mahan because of alleged
_OF
CLAIM: "unsatisfactory work performance" and alleged
"attitude" of disinterest and dissatisfaction
was without just or sufficient cause.
2. Claimant shall be reinstated and granted
all other benefits and remedies.
FINDINGS: Claimant, a track repairman with about three
years service, was dismissed for poor work
performance. The record contains evidence
consisting of credible testimony by Foreman
' Williams that claimant's work had been unsat
isfactory for a number of months before his
discharge and that Williams had informed the
General Chairman of that observation about two
_ z
5 . .
a3 ~3
- Awe
months prior to discharge. It is also the Foreman's testimony
that he finally felt he had no alternative but to dismiss
claimant when he found him slowing up and disrupting a job.
Claimant failed to report for work the following day and did
not offer a persuasive reason for failing to report or to notify
his foreman that he would be absent.
Adopted at Louisville, Kentucky,
~J Harold M. Weston, Chairman
Employe Member