PUBLIC LAW BOARD - NO. 3514
' Case 42
PARTIES Consolidated Rail
to Corporation
DISPUTE:
Award 42
Brotherhood of Maintenance
and of Way Employes
STATEMENT OF CLAIM: That Trackman J. J. Korack was unjustly
dismissed from the service on October 23, 1981 as a result of a
hearing held on October 14, 1981, and that-he be restored to service
with seniority and other rights unimpaired and compensation for all
lost time while out of the service.
FINDINGS: The Carrier, after an investigation, found that the
Claimant had eight days of unauthorized absence, beginning on
September 28, 1981. On this finding; it then considered and gave
weight to his past attendance record, which was not a good one,
and dismissed the Claimant from its service.
The Board, while not unmindful of the Organization's account
of the Claimant's personal problems and his efforts to overcome
them, finds that there is substantial evidence in support of the
charge. Accordingly, given the Claimant's past record, the
Carrier's actions cannot be said to be arbitrary or capricious.
AWARD
The claim is denied.
.
F. Domzalftki
/rier
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Eckehad dues g
Neutral Member
61
J. P. Cassese Employee Member