PUBLIC LAW BOARD NO. 7163
CASE NO. 596
AWARD NO. 596
Brotherhood of Maintenance of Way Employes Division - IBT Rail Conference
and
CSX Transportation, Inc.
Claimant: M. Parrott
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
The Carrier's discipline (formal reprimand) of Mr. M. Parrott, by letter dated October 5, 2021, in connection with allegations that he violated CSXT Crew Attendance Policy System (CAPS), on or about August 16, 2021 and all circumstances related thereto, was arbitrary, unsupported, unwarranted and in violation of the Agreement (System File DRA 304321/21-26907 CSX).
As a consequence of the violation referred to in Part 1 above, '*** the Carrier must clear all mention of the matter from Claimant's personal record, immediately return Claimant to service with rights and benefits unimpaired and compensate him for all losses suffered. The losses include, but are not limited to, any straight time, overtime, double-time, or other Carrier provided compensation lost as consequence of the discipline. It also includes healthcare, credit rating, investment, banking, mortgage/rent, or other financial loss suffered because of the discipline.' (Employes' Exhibit 'A-2')."
FINDINGS:
The Board, upon consideration of the entire record and all of the evidence, finds that the parties are Carrier and Employee within meaning of the Railway Labor Act, as amended, this
PLB No. 7163
Award No. 596 Board is duly constituted by Agreement dated March 20, 2008, this Board has jurisdiction over the dispute involved herein, and the parties were given due notice of the hearing held.
Claimant, M.D. Parrott, was hired on January 14, 2019, and established and maintained seniority in the Maintenance of Way Department. He challenges the Step 3 Formal Reprimand issued to him on October 5, 2021, stemming from his absence without permission on August 16, 2021. The Organization argues that the Carrier failed to adhere to the point system in the Attendance Policy prior to disciplining Claimant. Specifically, the Organization asserts:
On the (APS) Attendance Points System, Carrier exhibit page 1 of 2, Mr. Parrott did not get credit for the month of July 2021, that should have deducted his APS down from 10 points to 7 points, which would have made his total come to 17 points on August 16, 2021, which is 3 points under the 20 points for discipline. There is no time missed for the month of July 2021 by APS report and Mr. Parrott did not receive his Good Attendance Credit for July.
The record shows that Claimant received a Step 1 Counseling Letter on May 11, 2020, and a Step 2 Counseling Letter on June 24, 2021. The Current Status report shows that Claimant was "good attendance disqualified" for July 2021. The Carrier's Labor Relations Specialist testified that pursuant to APS, unauthorized absences, even if they do not generate points, disqualify an employee from the good attendance credit. As a result, Claimant was not eligible for a three-point good attendance credit for July 2021.
The record shows that while on a Step 2 Counseling Letter, Claimant was absent without permission on August 16, 2021. Claimant received a bump notice on August 8, 2021. At hearing, Claimant stated that he believed he would work August 9-12, and then was bumped according to his foreman, so should not report to work on August 16. On August 15, Claimant called the hotel which did not have his name on list, leading Claimant to believe he was bumped off. On August 15 Claimant also texted his supervisor that he would not be in that week in order to get ready for a job interview.
PLB No. 7163
Award No. 596
However, Claimant's testimony is contradicted by his admissions that his supervisor said that no one would be released and Claimant never asked to be released. Ifhe was no longer on the crew, he would not need to advise his supervisor that he was going to an interview or call the hotel to cancel the room. Claimant admits he did not have the supervisor's permission to be off work on August 16. Claimant also admits that he did not contact the Medical Department to report his Covid but contacted the Covid Department three days later, on August 19, 2021.
Accordingly, the Carrier has provided substantial evidence that Claimant was absent without permission on August 16, 2021, and received the Step 3 Formal Reprimand consistent with APS policy.
AWARD:
Claim is denied.
Rachel Goedken Neutral Referee Dated: Feb 11 2025
Casey Summers Employe Member
John Ingoldsby Carrier Member
Page 3 of3