PUBLIC LAW BOARD N0. 2556
Award No. 17
_Case No. 22
' Docket No. hMi-312
Parties Brotherhood of Vaintenance of Way Employes
to and
Dispute Southern Railway Company
Georgia, Southern and Florida Railway Company
Statement
of Claim: Claim on behalf of W. J. Gibson for reinstatement with
seniority and other rights unimpaired and
pay
for all
time last subsequent to November 20, 1980; account
dismissed for failing to protect his assignment.
Findings: The Board, after hearing upon the whole record and all evidence,
finds that the<parties herein are Carrier and'Emp9oyee within the meaning
of the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated October 77, 1979; that it has jurisdiction of the
parties and the subject matter, and that the parties were given due
notice of the hearing held.
Claimant was employed as a Track Laborer by Carrier on Gang No.
TM-232, at Statesboro, Georgia. Division Engineer J., A. Patton wrote
Claimant, under date of November 7, 198ff, advising that he- was being
charged with failure to protect his assignment from November 3 to 7, 1980,
and instructing him to attend a formal investigation to be held on
November 14, 7980.
Subsequent to such investigation Claimant was advised, under date
of November 20, 1980, that the evidence adduced. thereat proved that he
was guilty for failing to protect his assignment and because of his
previous disciplinary record that he was dismissed.from service as
discipline therefor- effective November 2T, T980. .
The Board finds that Claimant was accorded the due process to which
entitled under Rule 40 - Discipline and Differences-
The evidence adduced, including the admissions of Claimant,
support Carrier's conclusion that he was guilty, that Claimant failed
-2= Award No. 17 -~PSS~°
to protect his assignment and that Claimant had not notified anyone.
While Claimant offered a rationale of being sick and was'being tended to
by doctors, no medical evidence of any nature was submitted in support
thereof.
The Board finds that Claimant's record serves against him. His
record indicates a total indifference to his obligation to protect the
requirements of Carrier's service. Here, Claimant had been given letters
of reprimand. dated April 30, 1979, December 27, 1979, March 14, 1980,
May 15, 1980 and October 21, 1980, all for failing to protect his assignment.
- Additionally, following an investigation, held on July 8, 1980,
Claimant was notified under date of July 26, 1980 that he was suspended
for a period of fifteen (15) calendar days for again failing to protect
his assignment-.
In Tight of suctr a poor service record, the Board. finds the discipline
assessed to be reasonable. Here,. Carrier has not acted in an arbitrary
or capricious manner- .I.t need not 6e b.urdened.by an employee who is not
desirous. of demonstrating that he intends to work on a full time basis
and protect Carrier's needs. -In the circumstances, this-claim will be
denied. ,
Award: Claim denied..
oyee tie er R. 5-.-~iptnski, Carrier Member
`.
1f
,. r .~ an Wart, Chairman
and Neutral Member
Issued April
19, 1983.