PUBLIC LAW BOARD NO. 6712

Case No. 44
Award No. 44

United Transportation Union      )
                                 )
                              vs ) PARTIES TO DISPUTE
                                 ) Union Pacific Railroad Company
                                 )   

STATEMENT OF CLAIM

Request of Trainman A. Marks ("Claimant"), Los Angeles Service Unit, for removal of "First Offense" Absenteeism assessment from his personal record. In addition, request is made for replacement of lost wages, including vacation credits, resulting from his attendance at the formal investigation held on May 7,2004.

FINDINGS

This Board finds the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction over the dispute involved herein. The parties to said dispute were given due and proper notice of hearing thereon.

On May 26,2004 the Carrier assessed a "First Offense" violation of its attendance policy. As a result of an investigation held on May 7, 2004 the Carrier found the Claimant violated Operating Rules 1.13 and 1.15 by being excessively absent during the period January 21,2004 and April 20,2004.

The Organization makes an extensive argument about the Carrier's new absentee policy which went into effect on January 4,2004. While the policy may be new, the Operating Rules are not. The basic change in the new policy is that the employees are given "First and Second Offense" notices instead of suspensions.

As to the record in this case, the Carrier has shown the Claimant was unavailable for service in excess of 20 days in the 91 days. This does not count the time off to Military Service, which was in excess of 6 days. Therefore the 20 days absenteeism was in an 85 day period, or about 25% of the time.

The Carrier has met its burden in proving the Claimant violated Operating Rules 1.13 and 1.15.

AWARD

Claim denied.

R. G. Richter, Chairman
Neutral Member

Frank Tamisiea                                     J. Kevin Klein
Carrier Member                                     Employee Member

Dated: 3/16/05