BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1037
.Case No. 33
PARTIES: CSX TRANSPORTATION, INC.
TO
DISPUTE: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
Dismissal of Mr. J. A. Fields, ID 163735, as a
result of the investigation held concerning him on
July 23, 1993, account violation of Rule 17(b) of
the Agreement between CSX and its Maintenance of
Way Employees.
FINDINGS:
Claimant J. A. Fields was employed by the Carrier as a
trackman.
On July 17, 1993, the Carrier notified the Claimant to
appear for a formal investigation to determine whether or not he
was guilty of violating Rule 17 (B) when he allegedly failed to
protect his assignment as a trackman on Force 5F38 on July 13-16,
1993.
The hearing was held on July 23, 1993, however, it was held
in absentia because the Claimant failed to appear. It was
determined at the hearing that the Claimant had apparently been
absent without permission since July 13, 1993 until the date of
the hearing and that he had not contacted the Carrier to give any
explanation concerning his absence. Therefore, the Carrier
dismissed the Claimant on July 27, 1993.
The Organization thereafter filed a claim on the Claimant's
behalf challenging the dismissal, and this matter came before
this Board.
s8 A
10,3-7
C c~,s a ,33
This Board has reviewed the record in this case, and we find
that there is sufficient-evidence in the record to support the
finding that the Claimant was'guilty of violating Rule 17 (B) when
he failed to protect his assignment for the period July 13
through 16, 1993. There is no evidence that he was granted
permission to be absent from work, and the Carrier had every
right to terminate his employment.
This Board has reviewed the record in this case, and we find
no basis to set aside the discharge or take any other action.
Therefore, the claim will be denied.
AWARD:
Claim denied.
1~ETER R MEY RS
-- Neutral Zem er
Carrier Member Organization Member
Dated:
2