Public Law Board No. 3794
PARTIES Brotherhood of Maintenance of Way Employees
TO
DISPUTE: and
CSX Transportation, Inc.
STATEMENT The dismissal of Trackman R. Coleman, Jr. is
OF
CLAIM: without just cause and he should be reinstated with
all rights unimpaired and compensation for time
lost.
FINDINGS: Claimant, a trackman with 12-1/2 years seniority,
was dismissed for unauthorized absences on
February 25, 26, 27, and 28, 1985. No attempt was
made by him to contact his foreman or a Carrier
officer to obtain permission to be absent. No
valid explanation for his failure to protect his
assignment has been offered.
It is an important obligation of every railroad
employee to be available for service on a steady
basis. That claimant ignored and failed to comply
with that fundamental requirement is entirely clear -
from the record. Accordingly, substantial disci
plinary actionis warranted for these unauthorized
February 1985 absences.
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3 79Y-3
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AWARD:
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Carrier Member
In determining the measure of discipline, it was
appropriate for Carrier to take claimant's service
record into consideration. Unfortunately, that
record shows a consistent lack of concern by claimant ffor his obligation to protect assignments.
And this neglect has continued despite progressive
discipline over the years. During the last five
years of employment, claimant received letters of
caution for being absent without permission in June
and November 1977, April 1979, and January 1981, as
well as a 10-day suspension on May 22, 1981. On
September 18, 1981, he was dismissed from service
for absence without permission; he was reinstated -
on a leniency basis without any back pay on
September 25, 1984 by the Third Division. Five
months later, the absences now in question
occurred, again without permission.
On the basis of this record, this Board cannot
validly require Carrier to retain claimant in its
employ.
Claim denied.
Adoptedt Jacksonville,,- 8lorida, /'')ARCS.
17
. 1987.
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Harold . Weston, Chai an
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Ethp-loyee Member~--,7
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