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AWARD NO. 65
CASE NO. 65
Special Board of Adjustment No. 956
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
New Jersey Transit Rail Operations, Inc.
STATEMENT Claim of the Brotherhood:
OF
CLAIM The discipline of a 15-day actual suspension, which
activated a 15-day deferred suspension, assessed on
Claimant L. Gordon shall be rescinded, expunged from the
record, and he shall be made whole for any and all lost
wages and benefits.
FINDINGS Claimant L. Gordon was a trackman with this Carrier with
a seniority date of November 12, 1986. The Claimant was
absent without permission on April 25 and 26, 1988.
Prior to said infraction, Mr. Gordon was sent notices regarding his
unsatisfactory attendance pattern. In addition, in less than two
years while employed with this Carrier, Claimant has been absent
without permission a total of 12 times. As a result of his actions,
Claimant was charged with and found guilty of excessive absenteeism
when he failed to cover his assignment on the aforementioned dates.
The discipline of a 15-day actual suspension whichlactivated a
15-day deferred suspension was assessed Claimant for his actions. By
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letter dated June 6, 1988, both the Claimant and the Organization were
notified of the assessed discipline.
Claimant had been disciplined two times previously for his
unacceptable attendance pattern when he received a 10-day suspension
April 1, 1987 for failure to cover his assignment, and when a 15-day
deferred
suspension was
assessed for his ilure to cover his
assignment on October 2, 1987. Claimant also received three prior
notices for his unacceptable attendance pattern.
Carrier's concern about absences is not cavalier or unreasonable.
After all, it is responsible for the safe and efficient operation of a
railroad and in order to carry out that mission it must have employees
who can be relied upon for steady service.
Adopted at Newark, New Jersey,,
_ Harold eston, Chairman
Carrier
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Member
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Employee Member