PUBLIC LAW BOARD - NO. 3514
Case 47 Award 47
PARTIES Consolidated Rail Brotherhood of Maintenance
to Corporation and of Way Employes
DISPUTE:
STATEMENT OF CLAIM: That B&B Mechanic J. Duffy, III was unjustly
dismissed from the service of the Carrier, and that he be rein
stated to service with seniority and other rights unimpaired and
with compensation for all lost time while out of service.
FINDINGS: In this dispute, the Carrier dismissed the Claimant on
the finding, made subsequent to an investigation, of unauthorized
absences on a number of days during the period of January, February
and March 1981. It then considered the Claimant's past attendance
record and concluded that the total number of absences constituted
an excess which it could not tolerate and which warranted dismissal.
The Organization argues certain due process violations,
contending that some of the dates used by the Carrier to arrive at
its determination of excessive absences on the part of the Claimant
should not have been included. It provides its reasons for these
assertions in the record before this Board.
While the Board has carefully considered the Organization's
contentions, we do not find that the Claimant's rights have been
violated. On the substantive issues, the Claimant had been put on
PLB No. 3514 C-47 A-47
Page 2
notice on three occasions as to the need to improve his attendance.
He still did little to improve his pattern of reporting to work.
Accordingly, on-the record here, the Carrier's conclusions
have been reasonably drawn on the evidence presented, and we have
no basis to sustain the claim.
AWARD
The claim is denied.
F:~ . Domza s i
Cva/rier Me r
Ecce and Muess
Neutral Memb r
/J. P. Cassese
Employee Member
APR 11 t9 &5