Award No. 91
Case No.91
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE Southern Pacific Transportation Company
STATEMENT "(1) That the Carrier's decision to dismiss Track
OF CLAIM Laborer Mr. T.L. Heldt was without just and
sufficient cause and in violation of the Agreement.
(2) Claimant shall now be returned to former position
with the Carrier, with seniority and all other
rights restored unimpaired and compensation
for all wage loss suffered."
FINDINGS
Upon the whole record, after hearing, the Board finds that the
parties herein are Carrier and Employee within the meaning of the
Railway Labor Act, as amended, and that this Board is duly constituted
under Public Law 89-456 and has jurisdiction of the parties and
the subject matter.
The record indicates that Claimant had been employed by this Carrier
for some 7 years prior to the incidents involved herein. On November
27, and 28, of 1984, Claimant was absent from his assignment and
on both of those days he called in prior to 9 AM to report his impending
absence. in both instances, he indicated that he had personal business
which would prevent him coming to work.
On November 29, Claimant was also absent from his assignment but
did not contact his foreman or a clerk in the office whatsoever.
Following these incidents, Claimant was charged with being absent
in violation of Carrier's Rule 810 and the hearing date was established.
The Claimant attended the hearing and defended himself, not desiring
Union representation. At the hearing Claimant admitted that he had -
been absent without permission on the days in question and did not
indicate any reasons for his absence except for the term "personal
business".
The Petitioner indicates that the Claimant had complied with the
rules in that he called in prior to his absences on 11-27 and 1128, and therefore in effect, the discipline was because of his unreported
absence of i1-29. For this reason, Petitioner insists that the
penalty accorded Claimant was harsh and unjust under all the circumstances. Carrier, on the other hand, indicates that Claimant had
a record of absenteeism of
which this
was merely the culminating
incident. Carrier points out that Claimant had been counselled
because of absenteeism and noncompliance with Rule 810 on numerous
occasions between 1978 and 1984. In addition, he had received 3~
days of suspension in 1983 and 60 demerits in October of 1984 for
the same violation. Further, in November of 1984, Claimant was suspended
for a period of 10 days for violation of the same rule. He returned
to service on November 20th, from his duspehsion, and it was only
7 days later that he continued with his absenteeism practice according
to Carrier.
As the Board views it, Claimant was accorded a fair and impartial
trial and the hearing indicated that his guilt of the particular
charges was clear and undenied. In view of Claimant's past record,
and the fact that he appeared to have a record of chromic absenteeism,
Carrier's decision to terminate him seems appropriate under the
circumstances. It clearly cannot be characterized as harsh, arbitrary
or an abuse of discretion. The claim must be denied.
AWARD
Claim denied.
Neutral-Chairman
C.F.Foose, Employee Member
San Francisco, California
January
)4
, 1987
H. s," , Carrier member