SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 91
Docket No. MEC-BMWE-SD-2250D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
1. The Dismissal of Trackman D. Porter for alleged 'Excessive
absenteeism' (on specific dates) during the period from March
31, through and including May 9, 1988, was without just and
sufficient cause and an abuse of the Carrier's discretion
(System File NEC-BMWE-SD-2250D).
2. The Claimant shall be reinstated to service with seniority and
all other rights unimpaired, his record cleared of the charges
leveled against him and he shall be compensated for all wage
loss suffered."
FINDINGS:
Claimant D. Porter was employed as a trackman by Carrier in
Philadelphia, Pennsylvania. On May 9, 1988, Claimant was directed to
attend a formal investigation in connection with a charge of excessive
absenteeism; Carrier alleged that Claimant had failed to..report for
duty on six occasions from March 31 through May 1, 1988. The hearing
took place on May 26, 1988, and as a result, Claimant was dismissed
from carrier's service. The organization thereafter filed a claim on
Claimant's behalf, challenging his dismissal.
This Board has reviewed the evidence and testimony in this case,
and we find that there is sufficient evidence to support the finding
that the Claimant was guilty of the offense of excessive absenteeism.
The record reveals that he was admittedly absent from service on March
31, April 5, 6, 11, 24, and May 1, 1988. This Board has consistently
held that three absences in a thirty-day period constitutes excessive
absenteeism.
1
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 have been unreasonable, arbitrary, or
capricious.
The Claimant's record reveals that he has been progressively
disciplined for excessive absenteeism on four occasions during the
course of his employment and he has been progressively disciplined for
unauthorized absenteeism on four other occasions. This Board
recognizes that the Claimant has been suffering from personal
problems. However, unless the action taken by the Carrier was
unreasonable, this Board will not substitute its judgment for that of
-the Carrier. The Carrier has determined that termination of the
Claimant's employment is an appropriate response to absenteeism
problems. This Board will not substitute its judgment for that of the
Carrier. It is well established that an employer has a right to
expect and rely on reasonably regular attendance of employees. The
Carrier's action was not unreasonable.
Award:
Claim denied,
V-'Gc , Fy~
Date:
Neutral Member
rganization Member