SPECIAL BOARD OF ADJUSTMENT
NO.
986
Case
No.
63
Docket
No.
NEC-BMWE-SD-1816
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
In January and February 1987, Claimant R. Miller was employed by
Carrier as a welder in a gang headquarted at Odenton MW Base in
Odenton, Maryland. On February 3, 1987, Claimant was directed to
attend an investigation of the charge:
violation of Amtrak's Excessive Absenteeism Policy
Specification: In that you were absent in whole or in part on the
-following dates between January 8, 1987 and February 2, 1987,
specifically, January 8, 1987, January 19, 1987, January 22, 1987
and February 2, 1987.
After three postponements, the hearing took place on April 13, 1987;
as a result, Claimant received 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 charge of excessive
absenteeism.
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 of discipline unless we find it to be
unreasonable, arbitrary, or capricious. In the case at hand, the
Claimant received a ten-day suspension. The record reveals that in
January 1987, the Claimant was issued a written warning. The
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Carrier's absenteeism policy calls for a ten-day suspension after an
employee has received a written warning for excessive absenteeism.
Therefore, the discipline was appropriate.
Award:
Claim denied.
,U
'Neutral Member
ganization Member Carrier Member
Date:
V~
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