special Board of Adjustment No. 956
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
and
New Jersey Transit Rail Operations, Inc.
STATEMENT OF CLAIM:
The discipline of dismissal imposed on Trackman D. L. Cole
be rescinded and expunged from the record and he be made whole.
FINDINGS:
On February 24 and 27, 1986, claimant was issued formal
Notices of Absenteeism. A warning notice was served upon him
on August 27, 1986, lwhen he failed to report for scheduled
duty. On December 2, 1986, claimant failed to cover his
assignment or to notify his supervisor that he would be absent.
Shortly therafter, on December 15, 1986, he reported to work
forty minutes late and presented no adequate explanation for
these failures.
After a hearing had been held in the matter, claimant was
dismissed for absenting himself without permission. In
determining the measure of discipline, it was appropriate for
Carrier to consider claimants record. That record shows that
claimant was suspended for 10 days on August 21, 1986 and for
30 days on November 1, 1986 for absenteeism; while these
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suspensions were deferred, they were subsequently activated by
a later actual suspension.
This record provides no basis for reversing or modifying
Carriers decision to dismiss claimant.
AWARD: Claim denied.
Adopted Newark, New sey, 023 , 1988.
Harold : Weston, Chairman
Car ier Member Employee Member
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