PUBLIC LAW BOARD NO. 2774
Award No. 43
Case No. 52
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "l. That the dismissal of valley Division Trackman,
OF CLAIM J.B.Paywa, was unjust.
2. That the Carrier shall reinstate J.B. Paywa with
seniority, vacation, all rights unimpaired and
pay for all wage loss beginning October 31, 1980,
continuing forward and/or otherwise made whole."
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.
This is a disciplinary dispute in which .Claimant was charged for being
absent without authority on October 13, 1980, and thereafter. His
seniority was terminated by the carrier on October 31, 1980, in accordance
with a Letter of Understanding with the organization dated July 13, 1976,
due to his absences.
From the entire record it is apparent that Claimant, who had only four
months of service with Carrier, did not like an assignment to which he
had been sent by Carrier and hence decided specifically not to report
on the date indicated. Under the circumstances and since employees have
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an obligation to report for work or secure permission to be absent and -
this was not done, there appears to be no circumstance which would
mitigate the decision reached by the Carrier. In short, the absence -was an unexcused and intolerable one and should not have been condoned
by the Carrier. Thus, the discipline imposed appears to be perfectly
appropriate and the claim must be denied.
AWARD '
Claim denied.
. Lieberman, Neutral Chairman
L,
G. M. Garmon, C rier Member S. E. Fleming, Employee hl her
February 8 , 1983
Chicago, IL