PUBLIC LAW BOARD NO. 3514
Case No. 82 Award No. 71
PARTIES Brotherhood of Maintenance of Way Employes
to -and
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal of Machine Operator, Michael M. Miller,
to have his dismissal set aside and to be restored to the service.
FINDINGS: The matter under dispute here results from the Carrier's
charges that the Claimant had been absent from his work fourteen
(14) days in August 1980 and nine (9) days in September 1980,
without proper authority. Subsequent to an investigation, the
Carrier found the Claimant guilty of the charge and assessed the
penalty of dismissal.
The Board is not unmindful of the Organization's forcefularguments. However, established excessive absences clearly forms
a basis for discipline up to, and including, discharge. Under
the circumstances, as brought forth in the record, we find that
the Carrier has not misused its authority.
AWARD
The claim is denied.
F./ . Domza i Rckehard uessig P. Cassese
CA-trier Me er Neutral Member Employee Member
Dated:
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