SPECIAL BOARD OF ADJUSTMENT NO. 279
Award No. 574
Case No. 574
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific Railroad
Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when K. E. Harmon was dismissed from service on September
17, 1991.
(2) Claim in behalf of Mr. Harmon for wage loss suffered
beginning September 17, 1991, until reinstated with
seniority, vacation and all other rights unimpaired.
Findings: The Board has jurisdiction of this dispute byreason
of the Parties Agreement establishing this Board therefor.
The Claimant Machine Operator was advised under date of
September 27, 1991 in part as follows:
"Enclosed is the transcript of the formal disciplinary
investigation... regarding that while working as Machine
Operator on Gang 9164 in the vicinity of Addis, Louisiana,
you were allegedly absent without proper authority on the
dates of August 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 19
and 20, 1991...
I have found more than a sufficient degree of evidence was
presented to warrant sustaining on all changes brought
against you.
Accordingly, you are hereby dismissed from the service of
the Union Pacific Railroad Company ...."
Claimant was accorded the due process to which entitled
under his discipline rule.
There was sufficient evidence adduced to- support
Carrier's conclusion as to his culpability.
The discipline in view of his record is not deemed
unreasonable. He had been warned previously on three
different occasions. He was given letters of conference
about excessive absenteeism. He waived his right to an
investigation once and received 15 days deferred for
excessive absenteeism. Claimant gives the appearance of one
who does not desire to work for the Carrier and is not a
dependable employee. In the circumstances, this claim will
be denied.
Award: Claim denied.
tir~;lYY~7VO ~ l
Ls~.
~ammons, r., mplo ember by exander, Carrier Member
-Arthur an Wart, Chairman
and Neutral Member
Issued
May 22, 1993.