Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7217
SECOND DIVISION Docket No. 7057
2 -LAN -1A-' 77
The Second Division consisted of the regular members and in
addition Referee Gene T. Ritter when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Louisville and Nashville Railroad Company
Dispute: Claim of Employee:
Claim in behalf of Machinist L. T. Boeshart, South Louisville
Shops, for pay for all time lost, seniority rights, vacation,
insurance and all other rights unimpaired, beginning with his
dismissal December 11, 1974 and continuing until the matter
is settled.
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.
The facts in this dispute disclose that Claimant entered Carrier's
service as a machinist's apprentice on June 25, 1968 and established seniority
as a machinist on July 5, 1973. On October 1, 1974, Claimant did not report
for his regular assignment beginning at 7:00 o'clock a.m.; that shortly
after 7:00 o'clock a.m., he called and stated he would be in about 11:00
o'clock a.m. Claimant failed to show up and did not call back. The record,
discloses that Claimant had failed to protect his assignment without
permission in the past and had a record of absenteeism. This Board finds
that Carrier proceeded in accordance with the discipline rule, Rule 34, in
taking the disciplinary action of dismissing Claimant from service. This
Board finds that the investigation was held in accordance with the discipline
rules contained in the Agreement. Claimant was afforded a fair hearing by
the designated officers of the Carrier. The punishment was not arbitrary
or capricious and the evidence sustains and upholds the punishment imposed by
the Investigation Officers in this instance.
Form 1 Award No. 7217
Page 2 Docket No. 7057
2 -L&N MA -' 77
However, we find that there were certain mitigating circumstances that
could possibly make the discipline of dismissal excessive. It is, therefore:
the opinion of this Board, in accordance with Award No. 6985 and 6960,
that the discipline imposed by Carrier has served its purpose. We, therefore,
order that Claimant return to service without back pay, but with all other
rights unimpaired. We order the disciplinary action be made part of
Claimant's record. Claimant should make every effort to mend his ways and
understand that it is absolutely necessary that he maintain a reasonable
attendance record and become a dependable employee of Carrier. Claimant
should accept the opinion of this Board as a final opportunity to correct
his improper conduct and to fully live up to his obligation to his job.
A W A R D
Claim sustained to the extent indicated in findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By ~Le.~r
7osemarie Brasch - Administrative Assistant
Dated/ at Chicago, Illinois, this 25th day of January, 1977.