Parties
to the
Dispute
PUBLIC LAW BOARD N0. 3765
CONSOLIDATED RAIL SYSTEM UDERATION
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM
(a) The dismissal of Trackman Jay L. Newton was excessive, arbitrary, and capricious, and Claimant
was denied a fair and impartial hearing in that
Carrier failed to adequately notify him of the
charges.
(b) Claimant Newton shall be reinstated into Carrier's
service, with seniority rights restored, and
shall be compensated for all lost wages, including
overtime.
OPINION OF THE HOARD
Claimant J. L. Newton was hired as a Trackman in April 1976. On
July 7, 1980, he was charged as follows:
..to determine your responsibility, if any, for
alleged failure to protect your assignment as Trackman, Battle Creek Maintenance Gang, on June 17 and
18, 1980 ....
Case No. 4
Award No. 7
._ .I ,.- A~
6~1
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A hearing into the matter was held on July 14, 1980. Claimant
was found guilty as charged and dismissed from Carrier's service.
This Board has reviewed numerous cases involving Claimants who
do not keep regular attendance. We have remarked in the past when
confronted with absenteeism cases that Carrier need not retain on
its roles employes who do not come to work on a regular basis. We
see no reason to conclude differently in this instance. Carrier did
not act in an arbitrary or capricious manner and Claimant's dismissal
was appropriate.
AWARD
The claim is denied.
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R.'
E. Dennis, Neutral Member
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W. E. LUe, Employe Member R. ien, Carrier Member
DaZie of Adoptio