Form 1
NATIONAL RAILROAD
ADJUSTMENT BOARD Award No. 7267
SECOND DIVISION
Docket No. 7110
2-SLSF-CM-'77
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No. 22, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( St. Louis-San Francisco Railway Company
Dispute: Claim of Employes:
(a) The Claimant was alleged to have been insubordinate against his
local supervisor and the General Car Foreman in the performance
of his duties and is charged with violation of general rule B and
C of the Rules, Regulations, Safety Rules and Instructions,
Governing Mechanical Department Employes, effective March 1,
1957, and attempting to make restitution to the Carrier by not
being excessive in his claim for reinstatement, the punishment
of permanent dismissal is too severe and unjustified.
(b) It is the desire of the employe to be reinstated with his assurance
that such rule violations would not occur in the future.
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.
Claimant was dismissed from Carrier's service after being charged and
found guilty of insubordination.
The claim made herein is based solely on a leniency request.
It has been uniformly held in all Divisions of this Board that we have
no jurisdiction to consider leniency requests. In Second Division Award
No. 2787, the Board said:
Form 1
Page
2
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
7267
Docket No.
7119
2-SLSF-CM-t77
'... We are not the triers of the facts. Our duty is
to establish only that a fair hearing required by the
rules has been given and not to substitute our
judgement for those who have had a direct and immediate
opportunity to evaluate the witnesses and their evidence.
Thus leniency is a prerogative which is not available
to this Division, much as we might desire to recognize the
personal qualities, family problems, veteran status or
union affiliation of any grievant." (See also Awards
3828, 3894, 5345.)
A. W A R D
NATIONAL
RAILROAD ADJUSTMENT BOARD
By Order of Second Division
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this
5th
day of April,
1977.