NATIONAL MEDIATION BARD
PUBLIC LAW BOARD NO. 4979
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
NATIONAL RAILROAD PASSENGER CORPORATION
AWARD NO. 19
Case No. 20
System Docket No. BMWE-D-162
STATEMENT OF CLAIM
Claim of the Brotherhood that:
(a) Carrier's dismissal of claimant Larry
Threadgill was without just and sufficient cause, was not
based on any clear and probative evidence and was done in
an arbitrary and capricious manner, wholly beyond the
Scope of the Scheduled Agreement.
(b) Claimant Threadgill shall be reinstated into
carrier's service with all seniority entitlements and
shall be compensated for all lost wages, including
overtime benefits which would accrue to him, as provided
for in Rule "K" of the Scheduled Agreement.
FINDINGS
By letter dated September 24, 1991, the Claimant was subject
to an investigative hearing on two charges. The first charge
concerned his alleged violation of the Carrier's Excessive
Absenteeism Policy by his absence from duty on three dates within
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a 30-day period (August 27, September 9, and September 13, 1991).
The second charge concerned his alleged excessive absenteeism
during a 21-week period in which he was absent ten days, including
the three days referenced in the first charge. (One of these ten
dates was challenged in the hearing and was not considered by the
Hearing Officer in his findings.)
The Carrier's action must be considered in the context of the
Claimant's previous disciplinary dismissal for attendance related
matters. This previous dismissal was reviewed by the Board in
Award No. 12. On November 15, 1990 the Board issued an Interim
Award reinstating the Claimant, and on May 16, 1991 the Board
issued a Final Award denying back pay or retroactive benefits. The
Final Award stated in pertinent part:
There is full support . . for the intervening time
between [the Claimant's] dismissal and reinstatement to
serve as an extended disciplinary suspension, to be
retained on his record as a guide to the necessity for
the Claimant to meet all requirements of his position in
order to retain his employment relationship with the
Carrier.
Disciplinary action prior to this included suspensions of ten
and 15 days.
The absences here under review occurred shortly before and
continued after the issuance of Final Award No. 20 which alerted
the Claimant to his responsibilities.
Objections raised by the organization are without merit.
There is full support to determine that the Claimant was aware of
the requirements for fully satisfactory attendance. It can only
be concluded that the Claimant was unwilling or unable to conform
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to reasonable attendance standards, despite repeated warnings of
the consequence of failing to do so. The Board has no basis to
modify the Carrier's dismissal action.
A W A R D
Claim denied.
ro
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HERBERT L. MARX, Jr., Chairman and Neutral Member
B. A. WINTER, Employee Member
P. A. ENGLE, Carrier Member
NEW YORK, NY
DATED:
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