NATIONAL MEDIATION BOARD

PUBLIC LAW BOARD NO. 4979


BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

and

NATIONAL RAILROAD PASSENGER CORPORATION


AWARD NO. 47

System Docket No. BMWE-322D






FINDINGS The Claimant was subject to an investigative hearing under the following charge:


      Violating the Carrier's "Excessive Absenteeism Policy" for Maintenance of Way employees whereas you were absent or late on the following days:


              January 6-7, 1998 -- Absent

              January 12 -- Absent

              January 13 -- Late Arrival

              January 14, 16 -- Absent

              January 19 -- Late Arrival

              January 23 -- Absent


Following the hearing, the Claimant was dismissed from service.


The Carrier has had in effect since 1990 a Maintenance of Way Excessive Absenteeism Policy which includes the following:


      Maintenance of Way Employees failing to report to work or reporting to work late, or departing from work early for (3) incidents in a thirty (30) day period are considered as being "Excessively Absent". In cases where the employee reports off "ill" for several consecutive days, this constitutes one (1) incident.


The Claimant, hired in July 1997, was subject to the Policy's progressive discipline three times within the first six months of employment. The final instances of absences and tardiness here under review clearly exceeded the limit of three absences in a 30day period.

The organization argues that unusual personal circumstances were the cause of the Claimant's unsatisfactory attendance. As found in several previous Awards, however, the established policy encompasses all absences, regardless of cause. Given the opportunity afforded the Claimant through progressive and hopefully corrective discipline, the Board has no basis to disturb the Carrier's dismissal action in line with its absenteeism policy.


                          -2-

    As stated in Special Board of Adjustment No. 986, Award No.


167:

    . . . this is an excessive absenteeism case and, therefore, as this Board has held on numerous occasions in the past, the reasons for the absence are not relevant.


                        A W A R D


    Claim denied.


        HERBERT L. MARX, Jr., Chairman and Neutral rber


                i ~.,L

                B. A. WINTER, Employee Member


                              e 7.

              W. H. RO. NSON, Jr, a rier Member


NEW YORK, NY

DATED: 210 9