Parties
to the
Dispute
PUBLIC LAW BOARD NO. 5396
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
and
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAIM
1. That the Carrier violated the current
Agreement when it dismissed Track Laborer
Jimmy Longhair. 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 suf-_
fered, and his record cleared of all
charges.
FINDINGS
PLB Case No. 4
NMB Case No. 4
Claimant, Track Laborer Jimmy Longhair, was called to
an investigation on March 1, 1991, into the charge of having
violated Rule 604 (Duty-Reporting or Absence) for being
2
639(.-1f
absent from duty without proper authority and failing to
protect his employment from November 28, 1990, forward. The
investigation was held in absentia. By letter dated March
6, 1991, the charge was sustained and Claimant was terminated from service. Claimant had previously been notified of
Carrier's intent to discharge him by letter dated January
28, 1991.
The Organization objects to the fact that its request
at the hearing for a postponement was denied. After Claimant wrote to ask for an investigation, Carrier scheduled it
so that he would have sufficient time to be released from
jail and travel from Gallup, New Mexico, to Tucson, Arizona.
He did not appear. The record contains no explanation for
why he was not present, either in the transcript or thereafter on the property. Under the circumstances, carrier
cannot be faulted for having proceeded.
The record is also clear that claimant absented himself
from work without proper authority. This Board has
539 (.
-q
previously held that job abandonment constitutes reasonable
grounds for severing the employment relationship.
AWARD
Claim denied.
C.H. Gold, N tr 1 Chairman
C.F. Foose, Employe Member
K.E
Johnson, Carrier Member
~-zs-s~
Date of
Approval