Award No. 62
Case No. 62
PARTIES Brotherhood
of
Maintenance
of
Way Employes
_TO and
DISPUTE Burlington Northern Railway Company
STATEMENT "1. The dismissal of track laborer R.B.
OF CLAIM Thomson for alleged violation of Rule
702 was improper, excessive and unwarranted.
2. The claimant shall be reinstated with
seniority and all other rights unimpaired,
the record shall be cleared of the
charge leveled against him, and he
shall be compensated 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 absent from his assignment on May 5, 1981, without
permission or notification to his foreman. The record revealed
that the reason for his absence was that he had overslept.
Subsequently he received a notice of investigation charging
him with an improper absence on may 5, and following an investigation
of that charge, he was found guilty and dismissed. Carrier
3
N ~a- ha-
_2_
points out that claimant was a relatively short term employee
and within the five year period of his employment, had had
a number of disciplinary actions, specifically he had had three
previous incidents of unauthorized absences, one just 30 days
prior to the incident herein,:-which in each case resulted in
discipline. Carrier believes this was a repeat offender and
there was no reason to expect that his conduct would improve
and had no recourse but to discharge him under the circumstances.
The Petitioner insists first that the claimant's record was
not part of the evidence presented at the investigation and
should have no bearing on the nature of the discipline involved.
Furthermore, Petitioner urges that the discipline of dismissal
was too severe under the circumstances.
As this Board has stated in the past, attendance at one's position
is mandatory in terms of the employment relationship. An employee
has an obligation to report to work unless there are unusual
circumstances which are documented and there is an unavoidable
reason for his absence. In such instances, however, at least
a telephone
call
to his superior is a requisite. In this instance
even though claimant overslept he did not even bother to call
in that day and indicate that he would be late. He simply
did not appear. The Petitioner's argument that the past record
was not relevant and should not be considered in this particular
3c/(00-(.P-
situation is incorrect. It is well established that prior discipline
may be considered in the determination of the quantum of discipline
to be invoked. For that purpose, it is always permissible for
Carrier to relate to that record. The guilt in itself was
established in this case without regard to the nature of the
discipline to be imposed.
The Board recognizes the seriousness of absenteeism to this
employer as well as to others and an employer must have regular
attendance in order to function properly. In this instance,
the Petitioner's record as well as particular infraction did
not indicate that he could comply with this basic requirement.
The decision to discharge him for the offense was neither improper,
harsh nor arbitrary. It must be affirmed.
AWARD
Claim denied.
6~- -
I.M.Lieberman Neutr -Chairman
W. ynsky, varri Member F.H. Funk, Employee Member
St. Paul, Minnes a
December
/a
, 1986