SPECIAL BOARD OF ADJUSTMENT N0. 280
Award No. 170
Case No. 257
PARTIES Brotherhood of Maintenance of Way Employees
_TO and
DISPUTE St. Louis Southwestern Railway Company
STATEMENT "CLAIM OF THE SYSTEM COMMITTEE THAT:
OF CLAIM
1. Carrier violated the effective Agreement when Track Laborer
Phil Nelson was unjustly dismissed on April 9, 1981.
2. Claimant Nelson shall be reinstated to his former position
as Track Laborer with the St. Louis Southwestern Railway Company
with pay for all time lost and vacation and seniority,rights unim
paired."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are
Carrier and Employees within the meaning of the Railway Labor Act, as amended, and
that this Board is duly constituted under Public Law 89-456 and has jurisdiction of
the parties and the subject matter.
Claimant herein was dismissed. from service for being absent without authority from
his work on Monday,_ April 6, April, 7 and April 8, 1981. Following a hearing requested
by Claimant, the discharge was affirmed by Carrier.
Claimant admitted that he was absent on the days in question but indicates that he
attempted to contact his Foreman and finally did, indeed, contact the clerk in
Carrier's office on April 6. He also
alleges that
he sustained a personal injury and
went to the doctor on that date. Claimant did not offer any evidence or proof of any
injury or the fact that he went to the doctor on April 6. Furthermore, the record
indicates that the clerk stated in the investigation that he had not been contacted
by Claimant until April 8.
The Board notes that it has long been recognized that employers, such as Carrier
herein, must rely on the attendance of their employees in order to perform their normal
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,Aw
a
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business function. The only excuse that an employee has for not at least reporting
his intended absence or an emergency absence to the employer, is an urgent and unforeseen circumstance which did not exist in this case.
With respect to the measure of discipline imposed, dismissal, the Board is not
inclined to substitute its judgment for that of Carrier, particularly in view of
the fact that the Claimant herein had six prior infractions for the same offense
over a period of approximately a year and a half.
AWARD
Claim denied.
I. M. Lieberman, Neutral-Chairman
M. A., Christie, Employee Member C. B. Goyne, loyer Member
Houston, Texas.
May , 1983