Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7320
SECOND DIVISION Docket No.
7178
2-SPP-FO-'77
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No. 114, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute:
( (Firemen & Oilers)
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current agreement Firemen and Oiler, S. J. Laiacona
was unjustly dismissed from the service of the Carrier on January
17, 1975, following an unfair and improper hearing.
2. That accordingly, the Carrier be ordered to:
(a) Restore the aforesaid employe to service, with all service
and seniority rights unimpaired, compensate him for all time
lost and with payment of
6%
interest added thereto.
(b) Reinstate all vacation rights to the aforesaid employe.
(c) Pay employes, group medical insurance contributions, including
group medical disability, dependents' hospital, surgical and
medical and death benefits premiums fox all time that the aforesaid
employe is 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, 193+.
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, Mr. S. J. Laiacara entered the service of the Carrier on
August 1, 197+, as a Laborer in the Locomotive Department. He was notified
by letter dated December 13, 197+, to appear at a formal hearing in
connection
with his absence from duty on November 25, 28, 29, 30, December 1 and 2,
197+·
The hearing was originally set for December 19, 197. The Organization
requested a postponement to December 20, 197+. Thereafter the Carrier
postponed the hearing to January 14, 1975 and on the Organization's request,
Form 3.
Page 2
Award No.
7320
Docket No.
7178
-SFT-F 0-' 77
:the hearing was rescheduled for January
8, 1975.
On the morning of
January
8, 1975,
the Organization requested a postponement due to the
death of the International President of the Fireman and Oilers and '~:Le
General Chairman's responsibility to make the necessary connection::; to
attend the funeral. The Carrier denied the request. By letter dated
January
17, 1975,
the Carrier notified the Claimant that as a result of
evidence adduced at the January
8, 1975
hearing, he was found to be in
violation of Rule
810
of the General Rules and Regulations; and the Carrier
administered the discipline of dismissal from service.
We do not condone the Carrier's action in proceeding with the hearing
where the General Chairman was required to be absent due to the death of the
International President of the Organization. However, we find no violation
of the Agreement that resulted therefrom, nor was there evidence that the
Claimant's case was prejudiced by the absence of the General Chairman. The
Claimant was ably represented by the Local Chairman. The
Claimant
was
allotted to call any witnesses that he desired. He and his representative
were allowed to question all witnesses and to fully present the Claimant's
case as they saw,fit.
::We find from the record of the hearing that substantial evidence existed
to support the Carrier's finding that the Claimant was absent without proper
authority on the six dates set forth in the charge. The Claimant's work
record was extremely poor. In the
86
working days of the Claimant's four
months of employment with the Carrier, the Claimant was absent on
43
of
those" days. In view of the finding of responsibility for the six absences
in November and December as set forth in the charge and in view of the
Claimant's employment record we cannot find that the discipline of dismissal
is in any manner arbitrary, capricious or excessive. Therefore we shall
deny this claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
By .~.,.Ji2-~..d~_-~2..-
~..~.-u_
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of July,
1977.
NATIONAL RAILROAD ADJTJSTMM BOARD
By Order of Second Division