Case No. 26 Award No. 26
PARTIES
Brotherhood of Maintenance of Way Employes
to - and
-
DISPUTE:
Springfield Terminal Railway Company
STATEMENT QF CL;
Appeal of the discipline of a 30 day suspension imposed
on Scott Kilgore on September 25, 1998.
FINDINGS:
Subsequent to a hearing held on September 17, 1998, claimant was found guilty of
violating General Rule GR-N (paragraph #2), in that be was absent from work without permission
on August 31, 1998.
At the outset, the Organization alleges that the hearing officer's conduct was improper
and that the claimant was deprived of a fair and impartial hearing. We disagree. We are
persuaded by the entire record and find that there was no deprivation of due process.
We have carefully reviewed the record before us and find that, despite receiving prior
counseling and formal discipline for absenteeism/tardiness, claimant's attendance record is still
not satisfactory. Clearly, the Carrier has every right to expect regularity of its work force so it
may properly manage its operations. Therefore, in light of the evidence presented, and weighing
claimant's prior discipline record, which includes six entries for absenteeism, the Board finds the
Carrier did not misuse its discretion when it assessed discipline.
AW RD;
The claim is denied. ,
Francis . omzalsld/
_ Neutra embe ~r '
LAC&
I~T.
W. McNulty B. A. Winter
Carrier Member Organization Member
Dated: I.; -!8 - 9
9