SPECIAL BOARD OF ADJUSTMENT NO. 986
Case No. 86
Docket No. NEC-BMWE-SD-2058D
PARTIES:
Brotherhood of
Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant V. Thomas is employed as a trackman by Carrier in Bear,
Delaware. On August 28, 1987, Claimant was notified to attend a
formal investigation of the charge:
For excessive absenteeism in that on the following dates you were
absent in whole or in part:
July 23, 1987
July 30, 1987
August 7, 1987
After four postponements, the hearing took place on February 3, 1988,
and as a result, Claimant was assessed a ten-day suspension. The
organization then 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 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 the action
taken by the Carrier to be unreasonable, arbitrary, or capricious.
The record reveals that this Claimant was issued a letter of
instruction in July 1987 for excessive absenteeism. Consequently, in
conformance with the Carrier's absenteeism program, the next incident
of excessive absenteeism subjected the Claimant to a 10-day
1
q8(e) _ 8e
suspension. Therefore, the Carrier followed its regular program
which this Board has previously found to be reasonable, and the claim
must be denied.
Award:
Claim denied.
on Member