SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 255
Case No. 255
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(former Missouri Pacific Railroad Company)
Statement
of Claim: "Carrier violated the Agreement, especially Rule 12,
when Trackman G. C. Miller was dismissed from service on
October 22, 1984.
Claimant Miller should now, therefore, be allowed
compensation for eight (8) hours each work date, including
any holidays falling therein and any overtime which would
have accrued to him, beginning October 22, 1984, continuing
until he is reinstated to service with seniority, pass and
vacation rights unimpaired."
Findings: The Board has jurisdiction of this case by reason of the
parties Agreement of January 5, 1959.
Claimant Trackman, who had a serious absentee problem,
was warned, on February 14, 1984, by the Roadmaster that if
he was going to be unavailable for work that he should
notify the Roadmaster personally and advise the reason why.
Next morning, February 15, 1984, Claimant failed to
report to work and he also failed to advise the Roadmaster.
Carrier, on March 20, 1984, some 34 days later issued a
notice of investigation. After the investigation had been
postponed three times it finally was scheduled and held on
October 19, 1984. As a result thereof Carrier concluded him
to be guilty. Claimant was dismissed from service as
discipline for his continual absence and absence without
authority.
The record reflects that Claimant was accorded the due
process to which entitled under Rule 12 - Discipline.
There was sufficient evidence adduced to support
Carrier's conclusion as to Claimant's culpability. The
record reflects that Claimant had an alcohol abuse problem
and that he had been dismissed twice therefor. The number
and frequency of absences in his record failed to change.
Every reasonable effort to assist Claimant had been
undertaken.
-2- Award No. 255
The discipline in the circumstances is found to be not
unreasonable. This claim will be denied.
Award: Claim denied.
So
v
Hartmons, Jr. Emp o e Mem er `~J J a
Arthur T. Van Wart, Chairman
and Neutral Member
Issued
November 15, 1988.