SPECIAL BOARD OF ADJUSTMENT NO. 924
Award No. )~
Docket No. 123
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The five (5) day suspension and disqualification as Track
Foreman and Assistant Foreman assessed Foreman J.S. Meggison for
alleged unauthorized absence on July 24, 1986, was without just
and sufficient cause and unwarranted. [Organization File 7FL2090 D; Carrier File 81-86-139)
(2) Claimant J.S. Meggison shall be allowed the remedy prescribed in
Rule 19(d)."
FINDINGS:
Claimant was employed as a track foreman of an AFE/1 gang by
carrier in Itasca, Wisconsin. On July 24, 1986, Carrier's roadmaster
was notified at about- 7:40 a.m. that Claimant would not be at work
that day. Claimant subsequently was directed to attend an
investigation of the charge:
Your responsibility for violation of Rule 14, on July 24, 1986
while employed as Track Foreman at Itasca, WI.
The hearing took place on July 31, 1986, and as a result, Claimant was
assessed a five-day suspension and was disqualified as a track foreman
and assistant track foreman. The organization thereafter filed a
claim on Claimant's behalf, challenging the assessed discipline.
This Board has reviewed the evidence and testimony in this case,
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of failing to call in and
protect his assignment, and it was not a sufficient excuse that he had
to take his dog to the veterinarian and was unable to contact his
supervisor.
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Once this Board has determined that there is sufficient evidence
in the record to support a guilty finding, we next turn our attention
to the type of discipline imposed. The five (5) day suspension and
the disqualification as track foreman and assistant track foreman that
was assessed for an unauthorized absence and failure to call in on
time is not unreasonable, arbitrary, or capricious given the nature of
the offense and the background of the claimant.
Award:
Claim denied.
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