Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7+01
SECOND DIVISION Docket No. 7223
2-MP-MA-t77
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company unjustly removed
Machinist Helper C. A. Abraham from service on May 12, 1975 fox
allegedly being absent from his assignment without proper
authority April
4,
5 and
6,
1975.
2. That accordingly, the Missouri Pacific Railroad Company be
ordered to compensate Machinist Helper C. A. Abraham at the pro
rata rate of pay for each work day beginning May 12, 1975 until
he is reinstated to service.
In addition, he receive all fringe benefits accruing to arty other
employee in active service, including vacation rights and
seniority unimpaired.
3. Claim is also made fox Machinist Helper C. A. Abraham's 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.
In addition to the money claimed herein, the Carrier shall pay
Machinist Helper C. A. Abraham an additional sum of
6%
per annum,
compounded annually on the anniversary data of said claim, in
addition to arty other wages earned elsewhere in order that he
may survive.
Findings:
The Second Division of the Adjustment Board., upon the whole record and
all the evidence, finds that:
The carrier ox 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.
Form 1
Page 2
Award No. 7+01
Docket No. 7223
2-MP-MA-r77
The Claimant, Machinist Helper C. A. Abraham was dismissed from the
service of the Carrier by letter dated May 12, 1975, "for being absent from
fhi2s assignment without proper authority on April
4,
5,
6,
1975." At the
investigation held on May 1,
1975,
substantial evidence of record was
introduced by the Carrier to support its finding of guilt for the: absence
without proper authority on a portion of April
4,
and the days of April
5,
and
6.
We find that the notice of the investigation was proper and that
the charges were proven by substantial evidence. However, we find that the
discipline of dismissal is excessive. Clearly the Claimant's past attendance
record is properly a matter to be considered when assessing the proper
discipline once a finding of guilt is made. However, in the instant case,
the Carrier had rendered no formal discipline for the Claimant's past
absentee and tardiness record. The Claimant shall be reinstated without
back pay, but with all rights unimpaired. It is hoped that the discipline
has served its purpose; and that the Claimant has come to value his job,
and will protect his assignment at all times. Needless to say that any
further pattern of tardiness and absenteeism may properly result in the
Claimant's discharge.
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
BY_semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 2nd day of December, 1977.