PUBLIC LAW BOARD NO. 2535
Joseph Lazar, Referee
AWARD NO. 2
CASE NO. 2
PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO ) VS.
DISPUTE- ) JOINT TEXAS DIVISION OF CHICAGO, ROCK ISLAND AND
PACIFIC RAILROAD COMPANY AND FORT NORTH AND DENVER
RAILWAY COMPANY
STATEMENT 1. That the Carrier violated the Agreement when
OF CLAIM: as a result of an
investigation conducted
at
Teague, Texas, August 31, 1979, they suspended
Section Laborer G. A. Thompson III for a period
of fifteen (15) work days, said
suspension being
unjust, arbitrary and capricious.
That Claimant G. A. Thompson III be compensated
for all wage loss suffered account the Carrier's
improper action.
FINDINGS: By reason of the Memorandum of Agreement signed Novem
ber 16, 1979, and upon the whole record and all the
evidence, the Board finds that the parties herein are employe
and
carrier
within the
meaning of the Railway Labor Act, as amended, and
that it has jurisdiction.
Claimant G. A. Thompson III was suspended for a period
of fifteen (15) work days for alleged excessive absenteeism from his
position as Trackman on Section No. 3, Karen, Texas, July 2, 3, 6,
9, 10, 11, 12, 13, 24, 25, 31, August 6, 15.,and subsequent dates
(August 22, 24, and 30), 1979.
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AWARD NO. 2 (page 2)
CASE NO. 2
Although the evidence of record shows that the
Carrier's Reviewing officer disregarded the dates of July 6, 9,
10, 11, 12 and 13, 1979 prior to assessment of discipline, and
although there is evidence showing that Claimant performed service, reported off sick, or reported off because of transportation problems, this was not the case on all of the dates of absence.
The Track Supervisor's testimony (p. 5 of Transcript) is that:
"Only on some occasions George has called in, said he was sick, or
he had car trouble, but there has been some days that he wasn't."
Claimant admits that there was "one time which was August 24, that
I did not call in to inform anyone whether or not I would be at
work." (Transcript, p. 12).
Absenteeism is a serious offense, and in a proper
case may result in discharge. The Carrier's discipline of Claimant
with a fifteen (15) day suspension was reasonable in the circumstances of this case.
A W A R D
1. The Carrier is not in violation of the Agreement.
2. The Claim is denied.
JOSEPH ZAR, CHAIRMAN AND NEUTRAL MEMBER
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S. E. FLEMING, EMPLOYE MEMBER B. J. MASON, CARRIER MEMBER -
DATED: