Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6855
SECOND DIVISION Docket No. 6738
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( Sheet Metal Workers' International
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:.
1. That the St. Louis Southwestern Railway Company violated the
controlling Agreement, particularly Rule 24-1 and 24-4, when
they unjustly dismissed Sheet Metal Worker Apprentice John
Frederick Williams from service effective May 15, 1973.
2. That accordingly, the St. Louis Southwestern Railway Company
be ordered to return Sheet Metal Worker Apprentice John
. Frederick Williams to service with all seniority rights
unimpaired and compensate him as follows:
1. Compensate Claimant for all time lost.
_ Make whole for all vacation rights.
3. Pay premium (or Hospital Association dues) for hospital,
surgical and medical benefits for all time held out of
service.
4. Pay premium for Group Life Insurance for all time held
out of service.
5. Compensate Claimant for all holidays lost.
6. Compensate Claimant for all sick pay.
7. Compensate Claimant for all Jury Duty pay lost.
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.
d
This Division of the Adjustment Board has jurisdiction over tho
dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
Form 1
Page 2
Award No. 6855
Docket No. 6738
2-SZSW-SM
The Claimant was employed by the Carrier as a Sheet Metal Worker
Apprentice at Pine Bluff, Arkansas. He was charged with failing
to protect his assignment because he absented himself from duty without
proper authority on April 2,
3,
5, 6, 9, 10, 11, 16, 17, 18, 19, 24, 26
and
30,
1973. An investigation was held; and thereafter the Claimant was
found to be guilty of the charge and was dismissed from service.
We find that the investigation was fair and impartial. The charge
was clear and specific: at the investigation the Claimant was completely
aware of the charge. The Claimant had representation present at the
hearing. He was given an opportunity to have witnesses present and give
testimony; and he was permitted to cross examine witnesses. The fact
that the Carrier officer who conducted the investigation also assessed
the discipline is not improper. See
Second Division
Awards 1795, 5360,
5467 and 6057. At the investigation the Claimant admitted that he missed
the assignments in question; and also admitted that he did not have
permission from his supervisors.
We find that the evidence of the.Claimantfs guilt of the charge is
clear and
convincing; and
we find that the discipline imposed is not
arbitrary, excessive 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
~°'l semarie Brasch - Administrative Assistant
.,
Dated at Chicago, Illinois, this 2nd day of May, 1975.