SPECIAL BOARD OF ADJUSTMENT NO. 956
BROTHERHOOD OF MAINTENANCE )
OF WAY EMPLOYES )
AWARD NO. 146
and ) CASE NO. 146
NEW JERSEY TRANSIT RAIL )
OPERATIONS, INC. )
STATEMENT OF CLAIM:
The dismissal of J. Oliva was excessive and unwarranted. The Organization
requests J. Oliva be returned to service, and that he be made whole for all financial
losses suffered in connection with this discipline.
FINDINGS:
Special Board of Adjustment No. 956, upon the whole record and all the
evidence, fmds 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 Carrier's service on September 5, 2001 and was assigned
as a Trackman. On August 13, 2007, he was instructed to report for hearing in
connection with the charge that he failed to cover his assignment on July 18, 2007. A
hearing in the matter was held on August 29, 2007, after which time the Claimant
was discharged.
The Organization protested the discipline. It argued that the Claimant's
absence on July 18, 2007 was unavoidable because the babysitter who cared for the
Claimant's son lost electricity and notified him that the child had to be picked up.
The Organization further argues that while there may be occasions when an
employee can use a personal day or vacation time to cover an absence, those types of
leave days must be scheduled in advance and are not permitted on an emergency
basis. In the Organization's view, some consideration must be given to exigencies
which arise. Absent that consideration, the imposition of discharge was overly harsh
and unwarranted.
S.B.A. No. 956
Page 2
Award No. 146
Case No. 146
The Board has carefully considered the Organization's position and the
factual predicate in this case. We find that substantial evidence supports the
Carrier's determination that the Claimant was guilty of the charges. The real crux
of this dispute is whether the Carrier acted in an arbitrary, unreasonable or
capricious manner when it determined that discharge was the appropriate penalty
to be meted out to the Claimant.
As we have emphasized in other awards of this Board, excessive absenteeism,
even for legitimate reasons, need not be tolerated indefinitely by the Carrier. Under
the Carrier's attendance policy, employees are expected to cover their bulletined job
assignments. In the case of the Claimant, it must be noted that he was disciplined on
eight prior occasions over a two year period for attendance infractions. The Carrier
utilized corrective discipline in an attempt to impress upon the Claimant that he had
to be regular in his attendance. Claimant was aware that his job was in jeopardy
and he had to get his life in order and come to work. Unfortunately for the
Claimant, his attendance record did not improve.
It is important to point out that it was not a single absence that placed the
Claimant at the point of discharge. It was the accumulation of absences which
ultimately caused the Carrier to conclude that there was an entrenched pattern of
irregular attendance. Regardless of the various reasons, Claimant was a chronic
absentee. Given the overall record, and his relatively short length of service, we
cannot say that the Carrier's decision to discharge was arbitrary or that there exists
a proper basis for the Board to interfere with the Carrier's decision. The claim
sball therefore be denied.
AWARD
Claim denied.
i~a ier Member
`Dated this ' ay of
ota , 2008
.
ANN S. KENIS
Neutral Member
R
irganizatAeber