PUBLIC LAW BOARD NO. 3514
Case No. 84
Award No. 73
PARTIES Brotherhood of Maintenance of Way Employes
-and-
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal of Trackman, K. Clayton, to have his
discipline of dismissal removed from his record and to be restored
to the service.
FINDINGS: The Claimant had been absent from his work site a
number of days in January, February and March 1979. Subsequent
to an investigation, held in absentia, he was found guilty of the
charges of excessive absenteeism.
The Claimant, of his choice, was not present at the investigation held in connection with his alleged violation. As stated
many times, the Board does not favor investigations which do not
include the testimony of the person charged. However, it is clear
that the Claimant's failure to appear was of his choice. Moreover,
we find that the hearing was conducted in a proper manner and that
the Carrier's decision to dismiss the Claimant is supported by the
evidence before us.
AWARD
The claim is denied.
~t J. Dom lski
,Carrier Dom
Dated:
Eckehard MNssig
Neutral Member ,
;7. P. Cassese
employee Member