PUBLIC LAW BOARD NO. 4950

NEW JERSEY TRANSIT RAIL OPERATIONS, INC.

"Carrier"

VS.

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

"Organization"

OPINION OF THE BOARD

Case No. 97

Award No. 90

By notice of hearing dated August 4, 1994, Carrier instructed claimant to appear at a hearing in connection with the

following:
On Wednesday, July 13, 1994, you were 45 minutes late.
On July 14, 1994, 45 minutes late; July 15, 1994, 45
minutes late; July 18, 1994, 30 minutes late: July 20,
1994, 1 hour late; and July 25, 1994, 45 minutes late.

In accordance with NJTRO Absenteeism Policy, you were

verbally counseled on February 18, 1994 and received

written warnings on March 17 and March 30, 1994

concerning your excessive late starts.

Therefore, in connection with this matter you are charged with violation of: Engineering Department Safety Rule T and the NJTRO Absenteeism policy.

Following the hearing, Carrier found Claimant guilty as

charged and assessed him discipline of

suspension, activating a five organization appealed, in part trouble, the distance he lived absence of letters of warning, Carrier.

ten days actual

day deferred suspension. The
based upon Claimant having car
from Carrier's headquarters, the

and Claimant's long service to
. I-66,15( 10 The Board has determined that the claim must be denied.

The Board finds substantial evidence in the record to support the allegations against Claimant. Claimant has a demonstrated record of attendance difficulties in general, and lateness on the specific days alleged. Factors of mitigation raised by the Organization on behalf of the Claimant do not negate nor excuse that pattern. Nor does the Board find that the discipline imposed is arbitrary or capricious under the circumstances here present.

AWA

P. C es G. B rbati
Carrier Member Organization Member
l

S. E. Buchheit

Neutral Member

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