Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6973
SECOND DIVISION- Docket No. 6870
2-SOU-CM-'75
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No. 21, Railway Employes'
( Department, A.F. of L. - C.I.O. - Carmen
Parties to Dispute:
( Southern Railway Company
Dis2ute: Claim of Emgloyes:
1. That under the current Agreement, Carman D. G. Woodall,
Macon, Georgia was improperly dismissed from service on
November 11, 1973.
2. That accordingly, the Carrier b? ordered to return Carman
D. G. Woodall to service with pay for all time
lost
beginning November il, 1973 and with all rights due him
under the Agreement unimpaired.
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 were given due notice of hearing thereon.
The Claimant was charged with excessive absenteeism and failure to
protect his assignment in compliance with Rule 21 of the Agreement. An investigation was held and he was found guilty of the charges and dismissed from
service. We find from the entirety of the record that the investigation was
fafr and impartial, we find that the Claimant was guilty of the charges.
However, we feel that the penalty of dismissal is excessive in this case.
We shall reinstate the Claimant without back pay, but with seniority rights
unimpaired. The Claimant must: understand that he is being given one last
and final chance to correct his improper conduct.
The
Claimant is hereby
required to maintain a reasonable attendance record, to arrive at work on
time, to complete his daily assignments and to be a dependable employee of
the Carrier. In light of past: warnings and di.z~cipli-am, Carrier need no
longer tolerate late arrival for work, marking off early and failure to show
up for duty. We require that the Claimant, along with his representative, niset
with his immediate supervisor and discuss exactly what aro the Claimant's
,~ - .Form
1 Award No. 6973
Page 2 Docket No. 6870
' 2-SOU-CM-175
responsibilities to the Carrier., under what limited circumstances may he
reasonably be absent from an assignment and what are the call-in procedures in
effect on the property should a proper situation occur. We hope that the
discipline imposed has served a corrective purpose. We expect the Claimant
to fully live up to his obligation to his job.
A W A R D
Claim sustained as per Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
0
Rt~ marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 12th day of December, 1975.