Public Law Board No. 3794
PAREES Brotherhood of Maintenance of Way Employees .
DISPUTE: and
Seaboard Sxstem Railroad
STATEMENT The dismissal of Trackman F. Jones for alleged viola
CL1CfM: tion of Rule 17(b) and (c) on January 11, 1983 was
without just and sufficient cause. He shall be re
instated with seniority and all other rights unim
paired and compensated for all wage loss suffered.
FINDINGS: Claimant did not report for work on. January 11,-1983.
He had no authority to be absent and had not sought
permission to be away from work. He did not even
communicate with Carrier until the following day
when he offered the excuse that he had missed his
ride to work on January 11. No evidence was presented
to support his assertions that his car had to be
towed and repaired or that he had arranged with
another person to drive him to work. The record
does not show that he was unable to notify Carrier
on January 11.
379 y- `7
Rule 17 provides that any employee must obtain permission from Carrier for absence or furnish proof of inability to
notify Carrier. In determining the measure of discipline in this
case, Carrier took into consideration, as it is entitled to do, the
fact.that claimant had previously been warned in writing regarding
his violations of Rule 17 and had been suspended on three additional
occasions -- first for 10 day-s, then for,30 days and again for 30 days
-- for violations of the same Rule.
The Rule is reasonable and no basis is found for substituting our ,judgment for that of Carrier in this case.
AWARD: Claim denied.
Adopted at Jacksonville, Florida, ~~ 3~9~ 1985.
a M. West n, Chairman
C rrier Member Zmpoyee Member