Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6617
SECOND DIVISION Docket No.
6'508
2-PT-FO-'14
The Second Division consisted of the regular members and in
addition Referee David Dolnick when award was rendered.
( System Federation No. 162, Railway Employes'
,( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
( Port Terminal Railroad Association
Dispute: Claim of Employes:
1. That the Port Terminal Railroad Association unjustly dismissed :Laborer
James L. Vincent from service on May 12, 1972 and has unjustly held
him out
of service since that date.
2. That accordingly, the Port Terminal Railroad Association be ordered
to reinstate Laborer James L. Vincent to service and make him whole to
the following extent:
(a) With his seniority rights unimpaired;
(b) Compensation for all time lost;
(c) Make whole all vacation rights;
(d) Paid premiums (or hospital dues for hospital, surgical and
medical benefits for all time held out of service;
(e) Pay premium for his group life insurance for all time held
' out of service.
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.
Parties to said dispute waived right of appearance at hearing thereon.
There is substantial evidence in the investigation record to support the
charge that the Claimant violated Port Terminal Railroad Association Rules arid Regula
tions No. 46
and No. 5D. He carelessly and recklessly drove Carrier's vehicle
transporting other Carrier employes. The complaint was made by the employes so
transported by the Carrier. At the time of the incident Claimant did not contend
that he was ill. Only at the hearing, which took place more than a year after the
occurrence of the incident due to Claimant's hospital confinement, did he say that his
Cloor, reckless and careless driving on September 22, 1971 was because he became ill
--just before driving the other employes to their destination. If that was so he should
have reported and another driver
would
have been assigned.
' Form 1 Award No. 6617
`' Page 2 Docket No.
(5508
2-PT-FO-'74
Claimant was employed by the-Carrier on October
31, 1969.
On November
17,
1970
he received a ten day suspension for failure to prote9t an assignment and proper]
perform his work. In
1971
before the instant incident, he received two verbal and twc
written reprimands and a 15 day suspension. He was in and out of Veteran's Hospital
from September
29, 1971
to March
6, 1972.
All told he was on the Company payroll
less than two years. With that short term of service and work record, he is entitled
to no consideration for a reduction in the penalty. Carrier's decision to terminate
his employment was not arbitrarf, capricious or unreasonable.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary -
National Railroad Adjustment Board
R emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of January, 1974.