Award No. 6302 Docket No. 6177 2-MKCSJA-CM-'72
The Second Division consisted of the regular members and in
addition Referee Joseph E. Cole when award was rendered.
SYSTEM FEDERATION NO. 3, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Carmen)
EMPLOYES' STATEMENT OF FACTS: Carman R. D. Enochs, hereinafter referred to as the Claimant, had been in the service of the Milwaukee-Kansas City Southern Joint Agency, hereinafter referred to as the Carrier, for approximately nineteen (19) years, and on October 23, 1969 was working as a Car Inspector at Kansas City, Missouri.
Claimant was instructed by letter dated October 23, 1969 to report to the office of Superintendent at East Kansas City, Missouri, at 9:30 A. M. Tuesday, October 28, 1969 for formal investigation to determine facts and place responsibility in connection with:
Investigation was held at 9:30 A. M., Tuesday, October 28, 1969, as scheduled by transcript of hearing which is submitted as Exhibit.
Claimant was dismissed from the service of Carrier by letter dated October 31, 1969, dismissal to become effective October 31, 1969. (Exhibit 2)
Claim was filed with the Carrier on December 27, 1969 (Exhibit 3) and subsequently handled with each officer of the Carrier, so designated to handle such dispute including the highest designated officer, and each have declined
The evidence clearly shows that Enochs was alone in a prone position and asleep in truck JA-10, 3:40 A. M. to 4:05 A. M., during which time no one approached, entered or left said truck. In other words, the evidence does not support the Employes' contention that Enochs was eating his lunch during this time, nor is there any evidence to show that Carman Oulds delivered a lunch to Enochs between 3:40 A. M. and 4:05 A. M.
Claimant has never been a desirable employe and has been censured and disciplined on a number of occasions. As shown in Carrier's statement of facts he has failed to handle his personal affairs properly resulting in at least 10 garnishments and wage assignments. He has been admonished for drinking and sleeping on duty and in 1969 was caused to serve 60 days suspension for drinking and being quarrelsome and belligerent. While his past record was not considered in arriving at his guilt in the instant case, it was considered in arriving at the measure of discipline assessed. We respectfully request that Carrier's action be sustained.
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 employs 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.