Special Hoard of Adjustment No. 956
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
and
New Jersey Transit Rail operations, Inc.
STATEMENT OF CLAIM:
Appeal on behalf of Trackman G. Hoye for restoration to
service.
FINDINGS:
Claimant, an employee with less than four years service,
was dismissed on April 21, 1987 for excessive absenteeism. He
did not appear at the hearing that was duly held in this matter
after he had been notified of its time, date and place. No
persuasive explanation was offered for that failure.
The record shows that he was absent without permission on
March 16, 19, 20, 23, 24, 26, 27, 30 and 31 1987. These were
the dates of absence specifically mentioned in the charges that
had been served upon him. While he submitted a doctor's note
that he had been "unable to work from April 8th to 2st due to
Acute Influenza,11 that note was undated and contained no medical
details and covered a period that is not in issue. No
satisfactory explanation was presented for the above-mentioned
March 1987 absences.
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In assessing discipline, it was appropriate for Carrier to
take claimant's prior record into consideration. That record
shows warnings and a 10 day suspension for prior absenteeism as
well as a dismissal from all service on July 8, 1986 for Rule G
violations. He was reinstated by Carrier on February 4, 1987
without back pay, subject to a six month probationary period
11during which any rule infraction will result in immediate
dismissal without right of appeal.11 Claimant and his General
Chairman concurred in the probation period reinstatement
agreement.
We find no valid basis on this record for setting aside
Carrier's decision to dismiss claimant.
AWARD: Claim denied.
Ado d at Newark, Ne ersey, a3 , 1988.
Ha Mold M. Weston, hairman
rier Member Employee member
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