PUBLIC LAW BOARD - No. 3514 -
Case No. 123 Award No. 118
PARTIES Consolidated Rail Brotherhood of Maintenance
to Corporation and of Way Employes
DISPUTE:
STATEMENT OF CLAIM:
Appeal of Trackman J. G. Sherwood to have his
discipline of dismissal set aside and to be
restored to the service.
FINDINGS: The basic matter under dispute here results from the
Carrier's charge that the Claimant had been excessively absent from -
his work without proper authority. Subsequent to an investigation,
held in absentia, the Carrier found the Claimant guilty of the
charge and he was dismissed from the service.
The Board is not unmindful of the Organization's vigorous
arguments in the record and before us. However, here it is clear
that the Claimant was given a number of opportunities to participate
in the investigation surrounding the charges against him. While the
Board does not favor investigations in which the Claimant does not
participate, his failure to appear was of his choice. We find that
the hearing was conducted in a proper manner and that he was well and
actively defended.
Further, the Board finds that the Carrier's decision in this
case was based upon valid consideration, and, accordingly, we have
PLB No. 3514 C-123 A-118
Page 2
no basis to disturb the discipline assessed under the circumstances
of this record.
AWARD
The claim is denied.
/: G
f
. J. Do lski Eckehard uessig J. P. Cassese
,C rrier,. emb'r Neutral Member Employee Member
Dated:
DEC 4
S--3