PUBLIC LAW BOARD

Case 52

PARTIES Consolidated Rail
to Corporation
DISPUTE:

--NO. 3514
Award 52
Brotherhood of Maintenance

and of Way Employer

STATEMENT OF CLAIM: That Trackman R. W. Gillam was injustly dismissed from the service of the Carrier, and that he be reinstated to the service with seniority rights and other benefits unimpaired and compensated for all lost time while out of the service. FINDINGS: The Claimant, subsequent to an.investigation, was found guilty of being absent on a number of days in August and September 1981 without proper authority. The record shows that he had previously been dismissed for unauthorized absences and restored to duty on a last chance leniency basis.
The Claimant, while providing reasons for some of his absences, acknowledges guilt of the charges as contended by the Carrier. Under the circumstances herein and in view of the Claimant's past record, which certainly put him on notice. with respect to his responsibility to work on a regular basis, the claim must fail.

AWARD

The claim is denied.

f! ",J Domza~:ici ~I Ec cehard Mues3' a (,Carrier M raer

APR 11 198.5

V Employee Member
Neutral Member Employee Member