Claim on behalf of B&B Helper K.M. Owen that
he be reinstated with his seniority rights unimpaired and be compensated for wage
loss,
if any,
suffered by him resulting from his dismissal on
June 16, 1986.- -
F I N D I N G S
Following an investigative hearing, the Claimant was dis missed from service for viola_tio.n
of
Rule 570.(concerning-report ing for duty) in reference to his absence without proper authority - on May 27-30, 1986. -- The hearing record shows that the Claimant did call in, on May 21-to the proper supervisory office to-report his absence because of "car trouble". He was-absent-thereafter through the period for which he was charged. The excuse given for failure to report over a ten-day period may properly be found to be inadequate, but the Carrier was at least alerted by the Claimant
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Award No. 1
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as to his anticipated absence. The Board finds that dismissal
under these circumstances is too harsh
a,
penalty. The Claimant's report on May 21 clearly was not sufficient
to cover his sustained absence thereafter, and a substantial
disciplinary penalty is warranted, especially in view of the
fact that the recordshows disciplinary action for previous Rule
570 violations. On a procedural basis, the Organization objected to-the
signature on a Carrier response in the claims appeal procedure
by a Carrier Representative who signed "for" the properly designated-officer. Since the reply was in the name of the proper
officer, the Board does not find this sufficieptly,.violative .
of Rule 27 to require that the claim be-sustained onths basis. The claim will be sustained to the extent that the Claimant shall be offered reinstatement withseniority rights, but,
without compensation for back pay or retroactive benefits.
Failure of the Claimant to accept reinstatement within 30 days
of notice shall mean that the claim is denied.
A W A R D
Claim sustained to the extent provided in the Findings.
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Award No. 1
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The Carrier is directed to put this Award into effect within