Public Law Board No. 3794
Parties to Dispute:
Brotherhood of Maintenance of Way
Employees
and
Seaboard System Railroad
Statement of Claim:
Trackman J. Bellman was-dismissed without just cause and
shall now be reinstated with seniority and all other rights,unimpaired and compensated for all wage loss suffered.
Findings:
Claimant, a Trackman with about six years service, was
dismissed for unauthorized absences.
The record shows that he was absent on September 13, 1984
without notice or authorization and did not call in to explain the
reason for his failure to protect his position. He did not appear
for work on the next two workdays, a Friday and a Monday, and again
did not give his employer any explanation or notice on these~days.
On September 18, he finally appeared and, in response to Roadmaster
Smith's questions, stated that he had been sick. No evidence of
sickness was presented.
Without question, discipline is warranted in this situation. Claimant had an affirmative duty to notify Carrier that he
would be absent. No persuasive explanation has been submitted for
his failure to call in and explain the situation when absent from
work.
PLB-3794
Award #20 2.
On September
29,
1980, October 6, 1981 and July 7, 1983
he had been suspended for respectively five, thirty and again thirty
days for being absent without permission. He had, in addition, been
issued warning letters for similar rules infractions on six different
occasions.
In the light of this record,we find no valid ground for
setting aside or reducing the discipline that Carrier has found to
be appropriate. Carrier has the clear right to rely on employees
'for steady and responsible service.
Award:
Claim denied.
Adopted at Jacksonville, Florida
~l0
1985.
~9. Weston, Chaa.rman
Carr "Member ployee Memb
r