' SPECIAL BOARD OF ADJUSTMENT NO. 986
Case No. 48
Docket No. NEC-BMWE-SD-1741D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant C. Banks is employed as a trackman by Carrier at its
Sunnyside Yard facility in New York. On January 13, 1987, Claimant
was notified to attend an investigation of the charge:
You were excessively absent in whole or in part on the following
dates: December 29, 1986, January 2, 1987, and January 12, 1987.
The hearing took place on February 12, 1987, and as.a result, Claimant
was assessed a ten-day suspension. The Organization thereafter filed
a claim on Claimant's behalf, challenging the suspension.
This Board has reviewed the evidence and testimony in this case,
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of the offense with which he
was charged.
Once this Board determines that there is sufficient evidence in
the record to support the guilty finding, we next turn our attention
to the type of discipline imposed. In this case, the Claimant was
clearly absent three (3) times in less than three (3) weeks. Only the
month before, he had received the written warning. Therefore, the
Carrier rules require that this violation lead to a ten (10) day
suspension. This Board has already reviewed the Carrier's discipline
procedure for excessive absenteeism cases and found it to be
reasonable. Therefore, there was nothing unreasonable about the
issuance of a ten (10) day suspension to the Claimant for the new
violation. Consequently, the claim must be denied.
1
Award:
Claim denied.
Neutral Memb
Date:
q~3 (c,
-4s
Organization Member