Attendance discipline is one of the more difficult
actions for Stewards and Arbitration Advocates. In the majority of cases, success comes down to the employees record as shown
on the PS Form 3972 or the ERMS Employee Key Indicator Report.
Managements burden is to prove the employees attendance is irregular to the point that discipline is justified. The
Unions objective is to establish that the employees attendance is within acceptable norms and that discipline is not justified.
In the final analysis it will come down to what the employees attendance record look like.
The cited B Team and Arbitration decisions are offered to provide insight as to possible defenses for
attendance disciplines. As with all diciplinary actions, there is no one size fits all template. Stewards must examine the
individual action and customize the defense. Each case will stand or fall on its' own merits and the validity of the defenses
made.
