SPECIAL BOARD OF ADJUSTMENT N0. 924
Award No. 127
Docket No. 145
PARTIES: Brotherhood of Maintenance of Way Employes CNW File: 81-87-222
TO
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Assistant Foreman Ruben Morales for alleged
[un]authorized absence on Friday, September 4 and Tuesday,
September 8, 1987 was without just and sufficient cuase
(Organization File 3KB-4338 D; Carrier File 81-87-222).
(2) Claimant Ruben Morales shall now be reinstated with seniority
and all other rights unimpaired and compensated for all wage and
any other loss suffered because of his improper dismissal."
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.
Claimant was assigned to work on September 4 and 8, 1987, as
assistant foreman at Elk Grove, Illinois, but did not report for work
on those days, nor did he call in about his absence. Claimant
subsequently was directed to attend a formal investigation of the
charge:
Responsibility for being absent without authority on Friday,
September 4th and Tuesday, September 8, 1987.
The investigation was held as scheduled, 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 in the record to support
the finding that the Claimant was absent without authority on the days
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SBA 924 - Award 127
in question.
Once this Board has determined that there is sufficient evidence
to support the guilty
finding, we
next turn our attention to the type
of discipline imposed. This Board will not set aside a Carrier's
imposition of discipline unless we find it to have been
unreasonable,
arbitrary, or capricious. The Claimant's record shows that he has
been disciplined with four actual suspensions and two deferred
suspensions related
to his absences from service between August 1,
1979, and July 30, 1986. In July 1986, he was given a formal letter
of warning, placing him on the discipline system. He subsequently
received a five-day suspension and a ten-day
suspension under
the
discipline system, and this is the third offense after the letter of
warning.
Given that the Carrier followed its attendance program, this
Board cannot find that the Carrier acted arbitrarily or capriciously
when it dismissed the Claimant. Therefore, the claim must be denied.
Award:
Claim denied.
Neutral Memb r
Carrier Memb- 0
ganization M
em e
Date: '
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