SPECIAL BOARD OF ADJUSTMENT N0. 924
Award No. X09
Docket No. 111
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Appeal by the System Committee of the Brotherhood
"of Discipline Notice No. E-678, dated July 19, 1985, indicating 60
days actual suspension for Mr. D.H. Lopez's alleged responsibility
in connection with absenting himself on June 28, 1985, without
proper authority, and alleged failure to follow instructions
concerning requesting permission to be absent on June 28, 1985."
FINDINGS:
This Board, upon the whole record and all the evidence, finds and
holds that the employees and the Carrier involved are respectively
employees and Carrier within the meaning of the Railway Labor Act as
amended and that the Board has jurisdiction over the dispute herein.
On July 3, 1985, Claimant was directed to attend a formal
investigation of the charge:
To determine your responsibility in connection with absenting
yourself on Friday, June 28, 1985, without proper authority and
your failure to follow instructions concerning requesting
permission to be absent on June 28, 1985.
After a postponement, the investigation was held on July 10, 1985, and
a copy of the transcript has been made a part of the record. We find
that the investigation was conducted in a fair and impartial manner.
This Board has reviewed the evidence and testimony in this case,
and we find that there is sufficient evidence to support the finding
that the Claimant was guilty of the offense with which he was charged.
once this Board has determined that there was sufficient evidence
to support the finding of guilt, we next turn our attention to the
type of discipline imposed. This Claimant has been disciplined on
numerous occasions for attendance problems. Consequently, the 60 days
of actual suspension was not out of line given the background of the
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g~v-ion
Claimant.
Award:
Claim denied.
v
Neutral-Member
Ca ie Member 'Or'ganization Member
Date:/.~/~'~f
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