PUBLIC LAW BOARD N0. 4950
NEW JERSEY TRANSIT RAIL OPERATIONS, INC.
"Carrier"
VS.
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
"Organization"
STATEMENT OF CASES
Case No. 17
Award No. 9
0. J. Morgan - Fifteen (15) days suspension deferred
nine (9) months.
OPINION OF THE BOARD
Claimant was charged with being absent without permission
and excessive absenteeism. More specifically, carrier alleged
that on September 22 and 30, 1988, Claimant failed to cover his
assignment after having been sent first and
notices for excessive absenteeism.
Carrier maintains that Claimant is guilty of the offense as
charged and deserving of the discipline assessed. The
organization raises several defenses on behalf of Claimant,
including that he was given permission to take off the days in
question, and that the discipline assessed was therefore
unjustified.
The Board has determined that the claim must be denied.
The record evidence establishes that Claimant was not given
permission to be absent from his position on September 22 and 30.
second warning
y~-X950 -9
Moreover, Claimant's entire record, which includes numerous
warnings for absenteeism and discipline assessed as a result
thereof, now justifies the penalty assessed by Carrier.
Accordingly, the claim must be denied.
AWARD
Claim denied.
W. B. Murphy W. E. LaRue
Carrier Member Organization Member
S. E. Buchheit
Neutral Member
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