Public Law Board No. 2630
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Baltimore and Ohio Railroad Company
STATEMENT 1. The dismissal of William L. Phifer, Sr. on -
_OF
CLAIM: May 13, 1977 was excessive and harsh.
2. Carrier should restore claimant Phifer to
service with seniority and benefits unimpaired
and compensate him for all time lost.
FINDINGS: Between January 1 and March 11, 1977, claimant
was absent from work 27~ days, including six
without permission. His failure to a?p-ear at
the hearing held in this matter and his previous
record of attendance are not helpful to his claim:
It is not inappropriate for Carrier to consider,
in assessing the amount of discipline, his absences during 1475
that led to a formal warning and 15-day suspension.
It is of some significance that his attendance
record was not unsatisfactorv for over a vear imnedLat~Ly prior
to its 1977 absences. Apparently, he was -naking a real effrt
during that time to improve his record. We are of the opinion
that he should be given one more chance to show that he can cooperate with Carrier in providinn regular service.
A
lengthy suspension without pay will emphasize the need for sustained improvement on his part.
AWARD:
Claimant.to be immediately reinstated without
back pay. To be effective within 30 days.
Adopted at Baltimore, Maryland_l~'~'``~ I z/1980.
Harold M. Weston,-Chairman
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Carrier Member Employe Member
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