Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7399
SECOND DIVISION Docket No. 7206
2-MP-FO-t77
The Second Division consisted of the regular members and in
addition Referee James C. McBreaxty when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That Hostler Helper, S. P. Hillman, North Little Rock, Arkansas,
was unjustly dealt with when he was dismissed from the service
of the Missouri Pacific Railroad Company effective February 15,
1975.
2. That accordingly, the Missouri Pacific Railroad Company compensate
Hostler Helper, S. P. Hi7.lman at the pro rata rate of pay for
each work day beginning February 15, 1975, until he is reinstated
to service and in addition he receive all benefits accruing to arty
other employee in active service, including vacation rights and
seniority unimpaired. Claim is also made for Hostler Helper S. P.
Hillman, fox his actual loss of payment of insurance on his
dependents and hospital benefits for himself, and that he be made
whole fox pension benefits including Railroad Retirement and
Unemployment Insurance, and in addition to the money claimed
herein, the Carrier shall pay Mx. Hillman an additional sum of
6%
per annum compounded annually on the anniversary date of said
claim.
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 employer 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.
Numerous prior awards of this Board set forth our function in discipline
cases. Our function in discipline cases is not to substitute our judqnent
for the Carrier's, nor to decide the matter in accord with what we might
or might not have done had it been ours to determine, but to pass upon the
question whether, without weighing it, there is substantial evidence to
sustain a finding of guilty. If that question is decided in the affirmative,
Form 1 Award No. 7399
Page 2 Docket No. 7206
. 2-MP-FO-'77
r
the penalty imposed fox the violation is a matter which rests in the sound
discretion of the Carrier. We axe not warranted in disturbing Carrier's
penalty unless we can say it clearly appears from the record that the
Carrier's action with respect thereto, was discriminatory, unjust,
unreasonable, capricious or arbitrary, so as to constitute an abuse of that
discretion.
In the instant case, Claimant is a Hostler Helper at Carrier's North
Little Rock, Arkansas diesel facility, with two and one-half years of service.
The record clearly shows that Claimant did not deny that he left work
early without permission on Sunday, December 29, 197+, and did not fuel the
engines which he had placed on No. 2 pit at the service track at approximately
2
: 45
PM.
Moreover, Claimant's personnel file reveals that he had received a
30-day actual suspension from October 6 through November 5, 197+, for leaving
his assignment early without permission of his supervisor, and on November
17, 1972, he was verbally reprimanded for watching television in the
employees' locker roam while on duty.
Under the circumstances, therefore, we cannot find arty basis for
setting aside or modifying Carrier's discipline, and we must deny the claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
R~emarie Brasch - Administrative Assistant
Dated ,at Chicago, Illinois, this 2nd day of December, 1977,