Parties
to the
Dispute
PUBLIC LAW BOARD
N0. 3542
Pennsylvania Federation Brotherhood of
Maintenance of Way Employes
VS.
Consolidated Rail Corporation
STATEMENT OF CLAIM
(a) That James G.
Busch, employed
five and one-half years,
be restored to service with seniority rights and all other
privileges provided for by either agreement or past"practice.
That he be compensated for all time lost until such time he
is or would be able to perform his usual function for the
Carrier.
'(b) That James G. Busch's record be cleared of all charges
brought against his record.
OPINION OF THE BOARD
Claimant James G. Busch, employed by Carrier as a Trackman
at Monongahela, Pennsylvania, was charged with unauthorized absences
on June 30, July 1, and July 7, 1982. A hearing was held on July 20,
1982, at which time Claimant was found guilty and dismissed from
service.
This Board has carefully reviewed the record of this case.
l7Wq90 /ro.
Case
No. 9
PLB-3542 -2_ Awd. II12
Case l#9
In considering the procedural issues raised by the Petitioner, we
cannot conclude from the record that Claimant did not receive a fair
trial.
As to the merits of this case, the facts do not support the
position that Claimant's car trouble was a viable excuse for repeated (successive) absences. It is Claimant's responsibility to
arrange his life to fit his ,job. Claimant has displayed an uncooperative and evasive attitude, throughout this incident. When this
behavior is added to his previous record of 55 total days suspensions
for either unauthorized absence or insubordination, it becomes clear
that he is unwilling to help himself. Carrier is under no obligation to continue with this employe.
AWARD
The claim is denied.
RVE. Dennis, Neutral Member
J. Dodd, Employe Member R. 0i
'Veil, Carrier ember
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