NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD NO. 4768
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
BURLINGTON NORTHERN RAILWAY COMPANY
Following an investigative hearing, the Claimant was dismissed from service based on his failure to obtain permission from the Roadmaster for his absence from work for personal reasons on August 6-9, 1990. The record shows that the Claimant was fully aware of his responsibility in this regard. Standing by itself, this absence would not be cause for dismissal. The Claimant, however, had received previous disciplinary suspensions of 10, 20, 30 and 40 days for similar offenses. The Carrier, having followed progress-1-
ive corrective disciplinary procedures, was left with the virtual inevitability of a dismissal action.
The reasonable interpretation of this provision is that such information is to be furnished in timely fashion; that is, to enable knowledgeable appeal of the decision. As pointed out by the organization, Public Law Board No. 4402, Award No. 17 (Benn) and Public Law Board No. 4104, Award Nos. 39 and 42 (Scheinman), warn as to the need for future compliance in this regard. In this instance, however, the alleged failure to make prompt provision of the transcript occurred prior to the issuance of the cited Awards. Further, the transcript was furnished once the matter had been brought to the Carrier's attention at the initial appeal level.
The Board does not find this a basis to reverse the dismissal action.