PUBLIC LAW BOARD NO. 4950

NEW JERSEY TRANSIT RAIL OPERATIONS, INC.




BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

"Organization"

STATEMENT OF CASES



Case No. 32 Case No. 33 Case No. 34


Award No. 4 Award No. 5 Award No. 6


OPINION OF'THE BOARD

In each of the above-listed cases, Claimant was issued the stated discipline for alleged violation of excessive absenteeism and being absent without permission. In each case, the organization raises a number of defenses on behalf of Claimant.


The Board has determined that all three claims must be denied. In each case, Carrier has established that Claimant was absent on the days in question. Given the progressive nature of


the discipline assessed against Claimant,

Carrier acted improperly.

it cannot be held that
AWARD

Claims denied.

W. B. Murphy
Carrier Member

W. E. LaRue organization Member

S. E. Buchheit Neutral Member