CIAL BOARD OF ADJUSTMENT ·. 279
Award No. 235
Docket No. 235
Mopac File 247-6888
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute: Missouri Pacific Railroad Company
Statement
of Claim: 1. Carrier violated the effective Agreement when
System Rail Gang Trackman A. L. Natani was unjustly
dismissed November 17, 1984.
2. Claimant Natani shall now be paid for eight
(8) hours each work day beginning November 17,
1984, including any holidays falling therein
and any overtime which would have accrued to
him had he not been dismissed, and continuing
until reinstated to service with seniority, pass
and vacation rights unimpaired.
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, on July 13, 1984, was assigned as Trackman
on System Rail Gang 6803 working near Union, Nebraska.
He absented himself from his assignment on July 13, 1984
without proper authority. Subsequent to that date, Claimant
failed to protect his assignment on a continuous basis.
SBA 279 -2-.ward No. 235
Consequently, on August 10, 1984, the Manager of Rail
notified Claimant to attend a formal investigation for his
failure to report and protect his assignment on July 13,
and then continuing to be absent thereafter.
Claimant failed to appear at the investigation finally
held on November 6, 1984. It was then held in absentia.
As a result thereof, Carrier concluded therefrom that Claimant was guilty of the charge placed against him. He was
dismissed from service as discipline therefor.
The Board finds the Claimant was accorded the due process
to which titled under his Discipline Rule.
There was sufficient evidence adduced to support the
conclusions reached by the Carrier. As noted in Second
Division Award 6240:
"The Board has repeatedly pointed out
the detrimental effects of absenteeism
on the operations of the railroad. (Award
1814-Carter, Award 5049-Johnson) The
confusion and disruption created when
an employee absents himself from work
without due notice to supervision is
harmful not only to the employer but also
to employees as well. We therefore cannot
fault Management when it takes affective
measures to deter excessive absenteeism
and tardiness."
Claimant's indifference to his obligation to protect
his work assignment was equally demonstrated by his interest
in the disciplinary investigation being held in his behalf.
The Claimant had only six months seniority. The
discipline, in the circumstances, is found to be reasonable.
SBA 279 -3- ward No. 235
This claim will be denied.
Award: Claim denied.
MT" A.-c. ristie, Employee Member h nn n, Carrier Mem er-
Ar ur T, an Wart, airman
and Neutral Member
Issued August 23. 1986.