PUBLIC LAW BOARD NO. 3845
PARTIES TO THE DISPUTE
Brotherhood of Maintenance of )
Way Employees )
and ) Case No. 9
Award No. 9
Norfolk and Western Railway )
Company (Lake. Region) )
STATEMENT OF CLAIM
"Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Section Laborer M.J. Bowlds for
excessive absenteeism was without just and sufficient cause and
excessive. [Organization File: MW-MUN-78-27].
(2) Claimant M.J. Bow Ids shall be reinstated to service,
seniority and all other rights unimpaired and compensated for all
wage loss suffered by him".
OPINION OF THE BOARD
Claimant M.J. Bowlds was employed as a Section Laborer
at Bluffton, Indiana, having entered service in July, 1977. Since
January, 1982, Claimant's work record has been characterized by
frequent, lengthy, unexcused and unexplained absences. On
October 27, 1982, after notice to Claimant, a formal investigation was held concerning his excessive absenteeism. Claimant
PLB #3845 Awd. 119
failed to appear at the hearing. By letter dated November 10,
1982, Claimant was advised of his dismissal from service.
The unrefuted evidence of Claimant's guilt is overwhelming. Under those circumstances and in the absence of any
explanation whatsoever by Claimant as to the reason for his
failure to appear at the hearing, this Board must conclude that
the hearing was both fair and impartial and that the Claimant was
afforded full due process.
Dismissal as a punishment for unexplained recurrent
absenteeism is neither unreasonable nor excessive.
AWARD
Claim denied.
V
E. . H be t, Neutral Member
.C. Lyons, Carr
T
Member H.G. Harper, mploye Member
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