SPECIAL BOARD OF ADJUSTMENT N0. 924
Award No.
13
Docket No. 85
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 ten (10) day suspension assessed Trackman D.L. Walker was
without just and sufficient cause, excessive and capricious.
[Organization File 8D-4934; Carrier File 81-85-20-D]
(2) Trackman D.L. Walker shall be allowed the remedy as prescribed
in Rule 19(d)."
FINDINGS:
This Board, upon the whole record and all the evidence, finds
and holds that the employes and the Carrier involved are respectively
employes and Carrier within the meaning of the Railway Labor Act as
amended and that the Board has jurisdiction over the dispute herein.
On September 25, 1984, Claimant did not report for work due to
illness and asked a co-worker to report his absence to his foreman.
On the following day, Claimant was directed to appear at a formal
investigation of the charge:
To determine your responsibility in connection with absenting
yourself without proper authority on September 25, 1984, while
you were employed as trackman on the Racine Yard gang at Racine,
Wisconsin on the Wisconsin Division.
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 all of the evidence and testimony in this
case, and we find that Rule 14 is clear that the Claimant was required
to obtain proper authority before absenting himself from work on the
day in question. The Claimant did not comply with that requirement
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and merely told a co-worker to relate to his foreman that he was not
coming to work that day. That is insufficient; and, therefore, by
committing that rule violation, Claimant subjected himself to
discipline.
The Union argues that the ten-day suspension imposed by the
Carrier for the offense was excessive. However, the record contains
no evidence to support that contention. We find nothing unreasonable,
arbitrary, or capricious about the ten-day suspension for the offense..
Therefore, the claim must be denied.
AWARD:
Claim denied.
Chairman, Neutr Member
i
Ca i
L
e~emEmployee Membe
Date:
61
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