WEAL BOARD OF ADJUSTMENT 279
Award No. 232
Docket No. 232
Mopac File 247-6857
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute: Missouri Pacific Railroad Company
Statement
of Claim: 1. Carrier violated the effective Agreement when
Trackman Chester Withers was unjustly suspended
August 3, 1984 through September 2, 1984.
2. Claimant Withers shall now be paid for all
time lost beginning August 3, 1984 through September 2, 1984.
Findings: The Board, after hearing upon the whole record
and all evidence, finds that the parties herein are Carrier
and Employee within the meaning of the Railway Labor Act,
as amended, that this Board is duly constituted by Agreement dated January 5, 1959, that it has jurisdiction of
the parties and the subject matter, and that the parties
were given due notice of the hearing held.
Claimant Trackman absented his assignment without proper
authority on May 27, 30, 31, June 2 and 3, 1984. As a consequence thereof he was required to attend a formal investigation regarding his absenteeism. As a result of the investigation held on July 6, 1984 and continued July 31, 1984
Claimant was given a thirty day actual suspension as discipline therefor.
The Board on the basis of the overall record finds
that the discipline was excessive. It is reduced to fifteen
SBA 279
-2- ward No. 232
days. The Claimant is to be advised and he is to acknowledge
in the presence of his local representative that he has
a duty to notify the Carrier's designated person when he
can not timely reach or be on his work assignment. Apparently,
the Road Master issued written instructions July 2, 1983
requiring that an employee who may be tardy or absent contact
the Road Master's office. Claimant is to advise that he
now understands his responsibility. Thereafter, he is on
his own. Claimant's subsequent actions will dictate his
future.
Award: Claim disposed of as per findings.
Order: Carrier is directed to make this Award effective
within thirty (30) days of date of issuance shown
below.
r
M. A. Christie, Emp oyee Member I6non, Carrier Mem er
YKr`thur T. Van Wart, Chairman"
and Neutral Member
Issued August 23, 1986. ~~,~VE~\
C
~Jr
®~'~-`~:~
Ofvice:
j 986