PUBLIC LAW BOARD NO. 5396
Parties . - BROTHERHOOD
OF
MAINTENANCE : PLBCase No. 3
to the OF WAY EMPLOYES
Dispute : NMB Case No. 3
and
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
'STATEMENT OF CLAIM
1. That the Carrier violated the current
Agreement when it dismissed Track
Laborer R. Ramohe.- Said action being
excessive, unduly harsh and in abuse
of discretion.
2. That the Carrier now reinstate Claimant
to his former Carrier position with
seniority and all other rights restored
unimpaired, with pay for all loss suffered, and his record cleared of all -
charges.
FINDINGS
Claimant, Track Laborer Ronald Ramone, had a seniority
date of May 7, 1986: He was called to an investigation on
January 7, 1991,
53 9G -3
..to develop the facts and place responsibility, if any, in connection with your
alleged absence from duty without proper
authority and failing to protect your employment on November 5, 1990 and all subsequent work days.
You are charged with responsibility which
may involve violation of Rule 604, that
part of paragraph one, reading:
"604. DUTY-REPORTING OR ABSENCE:
Employes must report for duty
at the designated time and
place. They must not absent
themselves from duty ...without
proper authority."
and Rule 604, second paragraph, reading:
"continued failure by employees to protect their employment shall be sufficient
cause for dismissal."
of Rules and Regulations for the Government of
Maintenance of Way Employees, Southern Pacific
Transportation Company.
Following the investigation on January 18, 1991, Claimant was found to have violated Rule 604 and was discharged
from service.
This Board has reviewed the entire record of this case
and finds that certain facts are not in dispute. Claimant
was AWOL on November 5 through November 28, 1990, at which
point he was terminated from service. This absence followed
upon a history of poor attendance. Claimant was first
~3~f
(n-
3
counselled on Rule 604 in February 198_7. Thereafter, he
received forty-five demerits and a Suspension for absenteeism. In effect, by absenting himself without proper authority during the most recent incident, he effectively abandoned his job.
Claimant was aware of Carrier's Employee Assistance
Program and could have availed himself of its services at
any time:- There comes a point, however, when an employer
need no longer maintain on its rolls an employe who is
unwilling to make himself available for work with any degree
of regularity. _
Under the facts of this case, Claimant's termination
was appropriate.
AWARD
Claim denied.
C.H. Gold, eutr 1 Chairman
-7, ;~'~ . --
C.F. Fo se, Employe Member
E
Johnson, Carrier Member
S--
~s-
7s~
Date of Approval