The Second' Division consisted of the regular members and in
addition Referee Don J. Harr when award was rendered.
SYSTEM FEDERATION NO. 1, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Machinists)
1. That Machinist J. Leddy was unjustly dismissed from service on November 7, 1968. That Machinist J. Leddy was not granted a fair and impartial hearing on November 1, 1968.
3. That the Carrier be ordered to additionally compensate Machinist J. Leddy for all costs incurred by him in continuing his Travelers Insurance, hospital and life, during the period of his dismissal.
"(1) Failure to perform your assigned duties on October 10, 1968 when you failed to repair items reported by engineer on Locomotive No. 518 and No. 559, and your failure to properly inspect Locomotives No. 518 and No. 559.
(2) Being found in a prone position on October 11, 1968, in Budd Car No. 120, after rearranged the seats to form a bunk."
The carrier desires to make a final comment with respect to that portion of Employes' Statement of Claim wherein the request is made that the claimant be compensated for all lost time from November 7, 1968 and "that the carrier be ordered to additionally compensate Machinist J. Leddy for all costs incurred by him in continuing his Travelers Insurance, hospital and life, during the period of his dismissal." In this connection, should your Honorable Board find, contrary to the facts, that claimant has been improperly disciplined and that his record should be cleared, any compensation due the claimant under such circumstances would be subject to the application of Rule 34 of the agreement, which reads, in pertinent part, as follows:
In the application of the above rule, the phrase "wage loss, if any" has been interpreted to permit the deduction of outside earnings in making monetary adjustment in discipline cases. This interpretation is consistent with Awards of the National Railroad Adjustment Board typified by Second Division Award 1821 in which Referee A. E. Wenke stated, in pertinent part:
The rule has no provision for compensation of "all time lost" or "costs incurred by him in continuing his Travelers Insurance, hospital and life, during the period of his dismissal." Consequently, your Board is without authority to grant any such request.
The weight of evidence adduced at the hearing, as enumerated above, reveals that claimant Leddy was granted a fair and impartial hearing, which supported the charges, and the discipline assessed therefor was justified. The claim should be denied.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Claimant was employed as a Machinist by the Carrier for a period of twenty-three years. He was assigned to a regular Machinist position on the 11:00 P. M. to 7:00 A. M. shift at Danbury Engine House, Danbury, Connecticut. On October 24, 1968, Claimant was notified to attend a hearing to be held in the Foreman's office at 10:00 A. M., October 29, 1968, in connection with the following charges:
Hearing was rescheduled to November 1, 1968, and Claimant was dismissed from service effective November 7, 1968.
This Board has consistently held that discipline imposed by a Carrier will not be disturbed unless the Carrier's action was arbitrary, capricious, or unreasonable.
After a careful review of transcript of the investigation, we do not believe the Carrier was justified in dismissing the Claimant from its service. Based upon the transcript of the investigation, we find the Carrier's action to be unreasonable.
We will sustain Item 1 of the Claim. Item 2 will be sustained less outside earnings, if any. We find no basis in the agreement for sustaining Item 3 of the Claim. (See Second Division, National Railroad Adjustment Board Award 6047. )