BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 986
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (AMTRAK) -
Northeast Corridor
STATEMENT OF CLAIM: "Claim of System Committee of the
Brotherhood that:
1. The dismissal of Trackman J. Varnado for alleged
violation of Amtrak Engineering Absenteeism Policy was
harsh, arbitrary, capricious, without just cause and
in violation of the Agreement (System File
NEC-BMWE-SD-2931D).
2. The Claimant shall be exonerated of the charge leveled
against him, reinstated to his former position and
compensated for all loss suffered.
FINDINGS:
Claimant J. Varnado, a trackman assigned to Gang M772
stationed at Penn Station in New York, was dismissed from service
when he allegedly violated Amtrak Engineering Excessive
Absenteeism Policy. The Carrier contends that the Claimant was
allegedly absent from duty in whole or in part on May 14, May 31,
June 3 and June 4, 1991. It further contends that taking into
consideration the Claimant's past record and short service, the
Carrier had just cause to dismiss the Claimant.
The parties being unable to resolve the issues, this matter
came before this Board.
This Board has reviewed the evidence and testimony in this
case and we find that there is sufficient evidence in the record
that the Claimant was guilty of his fourth instance of excessive
absenteeism since November of 1990. The record reveals that the
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Claimant was counseled in November of 1990; he was given a letter
of warning about excessive absenteeism in January of 1991; and he
was assessed a ten-day suspension on February 28, 1991. Claimant
served five days of the suspension and the other five were held
in abeyance. The record reveals that the Claimant left early on
May 14, 1990, left early on May 31, 1991, and was absent the
entire day on June 4, 1991.
Once this Board has determined that there is sufficient
evidence in the record to support the guilty finding, we next
turn our attention to the type of discipline imposed. This Board
will not set aside a carrier's imposition unless we find its
action to have been unreasonable, arbitrary or capricious.
The Carrier has applied its absenteeism policy to the
Claimant. This Claimant, who has compiled only one year of
service, was given a formal counseling, letter of warning and
additional counseling, and a ten-day suspension within that one
year before his final three attendance violations in 30 days led
to his termination. This Board has upheld the Carrier's
absenteeism discipline program and sees no reason to make an
exception in this short-term employee's case.
The Organization argues that the Claimant did not receive a
fair and impartial trial, but this Board disagrees. Moreover,
the organization contends that the Claimant should not have been
dismissed because he was ill. However, this Board finds, as it
has done in the past, that the Carrier can dismiss employees for
excessive absenteeism, irrespective of the reasons for the
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absenteeism. The carrier is running a railroad and must have
some assurance that its employees are going to appear for work
with some degree of regularity. In this case, this short-term
employee accumulated sufficient instances of absenteeism for the
Carrier to consider it excessive and justify discharge.
Therefore, the claim must be denied.
AWARD
Claim denied.
Carrier Member
Date:
N tr 1 tuber
Olanization member