PUBLIC LAW BOARD - NO. 3514
' Case 44 .Award 44
PARTIES Consolidated Rail Brotherhood of
Maintenance
to Corporation and of Way Employes
DISPUTE:
STATEMENT OF CLAIM: That Trackman C. Bujalske was unjustly
dismissed from the service as a result of a
hearing held
on
February 13, 1981, and that he be restored to service with seniority
and all other rights unimpaired and with compensation for all time
lost while out of service.
FINDINGS: The Claimant had been absent from work a number of days
in December 1980 and January 1981. He states that his reasons for
these absences primarily was a lack of suitable transportation to
his work place and car pool problems.
The record also indicates that the Claimant had had previous
attendance problems.
While recognizing that the Claimant had difficulties with
respect to obtaining transportation to his work site, these problems
do not excuse or absolve him for his failure to properly protect
his assignment. There is sufficient evidence to find that the
Claimant was guilty as charged by the Carrier. Under the circumstances here, and in consideration of the Claimant's limited service
time, the claim must fail.
AWARD
The claim is denied.
,U ~..
'r
J. Domza i Eckehard Mues g Cassese
grrier t&Aber Neutral Me. er Eployee Member
APR 11 ;985