SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 616
Docket No. 616
File 930104
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former MOPAC)
Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when E. J. Griffith (SSN 585-64-0424) was dismissed from
service October 16, 1992.
(2) Claim in behalf of Mr. Griffith for wage loss suffered
beginning October 2, 1992 and continuing until Claimant is
restored to service with seniority, vacation, and all other
rights unimpaired.
Findings: The Board has jurisdiction by reason of the parties
Agreement establishing the Board therefor.
Claimant, was first employed by Carrier on July 2,
1992. On October 16, 1992 he was dismissed from service as
a result of unauthorized absences for the continuous period
September 8 through 28, 1992 while he was assigned as
Trackman on Gang 9169 working in the vicinity of Boone
Ville, Missouri. Claimant was notified to attend a formal
investigation for being absent without authority from his
assigned position on the work dates September 8 and 28,
1992. Claimant failed to appear thereat and the
investigation was held in absentia. Notwithstanding, he is
bound by the results of the evidence adduced.
The 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.
His unexplained absence for the period in question
reflects the Claimant's interest as displayed by not
attending the investigation as well as his failing to ask
for authority for his absence. The Carrier need not be
burdened by an employee with such indifference to his
employment obligations. The discipline assessed is
reasonable.
This claim will be denied.
Award: Claim denied.
S. A. ammons,rJr., EYoyyee Member
Award No. 616
D. A. Ring, Car ie Member
Arthur T. Van Wart, Chap
and Neutral Member
Issued January 31, 1994.