Award No. 13 Docket No. 85 PARTIES: Brotherhood of Maintenance of Way Employes TO DISPUTE: Chicago and North Western Transportation Company





(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:




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


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:





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