PARTIES Brotherhood of Maintenance of Way Employees
 TO
 DISPUTE: and
 New Jersey Transit Rail Operations
 STATEENT Tbd 30-day suspension asseszed J. A. Aronis for
 OF
 CLAIM: absenteeism by Notice of July 22, 1983 is unjust,
 arbitrary and in violation of Rule 26(d). He shall
 be compensated for all lost wages, including over
 time, as a result of this discipline and all dis
 ciplinc entries, relating to this. case shall. be ex
 punged from his personal file.
 FINDINGS:' Claimant was suspended for 30 days on the ground
 that he failed.to cover his assignments of-May 6'
 and 25, 1983 "which in light of your having pre
 viously been absent on April 11-15, 21, 26 and 27,
 1983, constitutes excessive abdenteeism." The dis
 cipline was subsequently reduced by the Manager of
 Labor Relations to five days and activated a 10-day ,
 deferred suspension assessed on July 1-5, 1983.
 Rule 26(d) prescribes that a discipline hearing
 -"shall be scheduled to begin within
 30 days from the date the Agency's
 _- PLB No. 956
 ' Award~No. 2



      Hearing in the present case was not scheduled to I

      begin until June 10, 1933, over 30 days subsequent to the May 6th

      absunca. The rule is not meaningless and the May 6 absence cannot

      validly be taken into consideration in assessing discipline. ,

      As to the Way 25th absence,ielaimant did call in to,

      say lab would be absent but gave no excuse and did not receive per

      mission to be absent. He has not presented sufficient evidence to

      explain away his failures in these respects. He had been duly warned

      as to absences, but it is our understanding that he had not been pre

      viously disciplined for absent:-ism.

      In thz:su circumstances, we will not interfere with

      Car.rier's,findings and a five-day suspension. A greater degree of

      discipline is unwarranted.


      AWARD: _ Claim denied on the basis that discipline in this

      case is limited to a five-day suspension.


                    Adopted at Newark, N.J., January ag , 1985.


                      Harold 14. Weston, Chairlaan

        ~a~ier (~'emb~ Lmployee Mr

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