PUBLIC LAW BOARD N0. 2439
Award No. 97
Case No. 97
PARTIES Southern Pacific Transporation Company
and
DISSFUTE Brotherhood of Maintenance of Way Employes
STATEMENT "1. That the Carrier's decision to dismiss
WCLAIM Track Laborer Mickey West on February
23, 1984, was in violation of the agree
ment.
2. That the Carrier will now reinstate Mr.
West to his former position with seniority
and all other rights restored unimpaired
and with compensation for all wage loss
suffered."
FINDINGS -
Upon the whole record, after hearing, the Board finds that the parties herein
are Carrier and Employees 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.
Claimant was displaced from his position effective February 21, 1984. He, in
turn, displaced another employee in a district adjacent to his old assignment
effective the same date. The claimant, however, did not report on February
21 or on the following two days. In fact, he never reported. A hearing was
subsequently scheduled following the termination at the request of the Organization. Claimant did not appear, as well, at the hearing.
Claimant was found guilty of not protecting his assignment and of being absent
without authority on the dates indicated. His failure to appear for the hearing in order to mount a defense sealed his fate. Carrier's conclusion must be
deemed correct and discharge was the appropriate penalty. The Board can find
no fault with a situation such as this where a claimant simply disappears.
PLB-2439
- 2 - Award
No. 97
AWARD
Claim denied.
1.
M. Lieberman, Neutral-CFairman
i'
. 4
oose, °Employee Member L. cher ng, Carr er Me er
San Francisco, California
January,?/, 1986