PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE: - and
CSX Transportation, Inc.
STATEMENT Laborer Rufus Oglesby's dismissal must be set
CLAIM: aside and he reinstated with seniority and all
other rights unimpaired and compensation for all
wage loss suffered. ---
FINDINGS: Claimant, a laborer with eight years service,
was dismissed for absence from work on June 27
and 28, 1985 without authorization. In determin
ing the measure of discipline, Carrier took into
consideration claimant's prior record.
Claimant's assignment in June 1985 called for
four 10-hour days, Monday through Thursday~with a 4:30 p.m. start
ing time.
June 27, 1985 fell on a Thursday and Carrier was
notified at 3:30 p.m. that day by claimant's sister's telephone
call that he would not be able to protect his assignment that day
due to an accident in the family. He did not call subsequently
to explain the situation. The following day, also included in
the charges against him, was not normally a work day for his
assignment, but his shift did perform overtime service that day.


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        that he was suspended for 15 days for leaving work earl§2hot comply-


          ing with instructions on May 15, 1982 and for 20 days for absence -

        without permission on December 15 and 16, 1983. It also shows

        that he was issued two Letters of Caution for absence and lateness

        in 1981 and 1982 as well as two Letters of Caution for rule viola

        tions.

        One of an employe's most important obligations,

        particularly in railroad service, is to protect his assignment in

        a timely manner, In our view, claimant should be afforded another .

        opportunity to show that he can be counted on to provide reliable

        service. He must, however, improve his record of attendance and

        in all respects be a responsible employe.


        AWARD: Claimant restored to service with seniority rights

        unimpaired but without back pay. To be effective

        within 30 days.

        Adopted at Jacksonville, Florida, f~'~?l~"- 17~ 1987.

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                        mold M. Wes on, Ch irman


          It°, ; J, r1--, .'- ~< .1~ ,:~=.t': EDT:

          Carrier Member Employee Member ,


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