SPECIAL BOARD OF ADJUSTMENT NO. 956
BROTHERHOOD OF MAINTENANCE )
OF WAY EMPLOYES )
AWARD NO. 133
and ) CASE NO. 133
NEW JERSEY TRANSIT RAIL )
OPERATIONS, INC.
STATEMENT OF CLAIM:
The Organization requests that the discipline of dismissal from all service
assessed to Mr. C. Marotta be expunged from his record, that he be returned
to service with seniority intact and full restoration of all benefits.
FINDINGS:
Special Board of Adjustment No. 956, upon the whole record and all the
evidence, finds that the parties herein are Carrier and Employes within the meaning
of the Railway Labor Act, as amended; that the Board has jurisdiction over the
dispute herein; and that the parties to the dispute were given due notice of the
hearing and-did-participate therein.
Claimant entered the Carrier's service in June of 1988. At some unspecified
time, he was placed on a medical leave of absence. Beginning on January 12, 2005,
and then again on February 28, 2005 and August 17, 2005, Claimant was notified to
report to Carrier's Medical Services Department for an assessment of his physical
condition. Each. of these letters states in pertinent part:
Failure on your part to comply with this directive will be considered
insubordination and may result in disciplinary action in accordance with the
applicable agreement between NJ TRANSIT and your respective Labor
Organization.
All three letters were sent by certified mail to the Claimant's last known
address of record and to a post office box address listed in his name. The receipt
and record of delivery indicates that each letter was received and signed for at the
Claimant's address.
Claimant did not report to the Medical Services Department nor did he
contact the Carrier to advise them of his current status.
S.B.A. No. 956 Award No. 133
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By certified letter dated September 15, 2005, Claimant was notified to report
for hearing in connection with the following charges:
On September 1, 2005 you failed to report to NJ TRANSIT's Medical
Services Department as instructed by letter sent on August 17, 2005. Also, it
has been discovered that you have changed your address without giving
immediate written notice to the designated officer.
Therefore, in connection with this matter you are charged with the alleged
violation of: NJ Transit Rail Employee Safety Rules and On-Track Safety
Procedure Manual 2003 TRO-5, Rule 1: `Employees must give immediate
written notice of change in residence or telephone number to a designated
officer,' and Rule 3: `Employees must devote themselves exclusively to the
Company's service while on duty. They must refrain from any conduct which
adversely affects the performance of their duties, other employees, the
public, or from conduct which discredits the Company. Acts of dishonesty,
insubordination, hostility or willful disregard of the Company's interest are
prohibited."
The hearing was postponed at the Organization's request and took place on
October 20, 2005. Claimant did not appear at the hearing and efforts to locate him
before proceeding with the hearing on that date were unsuccessful. He was
subsequently dismissed from service.
Based on our review of the record, we find that substantial evidence exists to
support the Carrier's determination that Claimant was guilty of the charges lodged
against him and that the discipline imposed was fully warranted. Numerous
attempts to contact the Claimant at his last known address of record have proved
fruitless. If Claimant desired to maintain his employment status with the Carrier, it
was incumbent on him to comply with Carrier's instructions and to notify the
Carrier of his whereabouts. He did not do so. It is evident that the Claimant has
abandoned his employment relationship with the Carrier. Therefore, the claim
must be denied.
S.B.A. No. 956 Award No. 133
Page 3 Case No. 133
AWARD
Claim denied.
SANN S. KENIS
Neutral Member
Carrier Member Organization Member/
Dated this day of , 2006.