Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7+33
SECOND DIVISION Docket No. 71+5
2-HB&T-FO-'78
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Houston Belt & Terminal Railway Company
Dispute: Claim of Employes:
1. That the Carrier's action in dismissing Laborer Paul E. Barnett
from its service on May 23,1975, was indeed harsh, wrong, improper,
out of proportion, excessive and constituted an abuse of
discretion.
2. That accordingly, the Houston Belt & Terminal Railway Company
compensate Laborer Paul E. Barnett at the pro rata rate of pay for
each work day beginning May 23, 1975, until he is reinstated to
service and in addition he receive all benefits accruing to any
other employee in active service, including vacation rights and
seniority unimpaired.
3. Claim is also made for Laborer Paul E. Barnett for his actual
loss of payment of insurance on his dependents and hospital benefits
for himself, and that he be made whole for pension benefits including
Railroad Retirement and Unemployment Insurance, and in addition
to the money claimed herein, the Carrier shall pay Mr. Barnett
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 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 was dismissed from Carrier's service for sleeping on duty
between 2:x+5 a.m. to 3:10 a.m. on May 22, 1975. Pursuant to the provisions
of Article 9 of the Agreement between the parties, Claimant requested and
received a hearing. The hearing was held on June 5, 1975. On June 11, 1975
Carrier's initial decision to dismiss was upheld.
Form 1
Page 2
Award No.
7+33
Docket No.
71+5
2-HB&T-FO-'78
After review of the record, including the transcript of hearing, the
Board finds that there was substantive evidence of probative value to
support the finding by Carrier that Claimant was sleeping on duty. The
Board further finds, however, that a dismissal, under the circumstances, was
excessive. Accordingly, Claimant shall be restored to Carrier's service with
seniority unimpaired, but with no pay for time lost.
A W A R D
Claim disposed of per findings herein.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
i/I~
o marie Brasch - Administrative Assistant
Dated a Chicago.*'-Illinois, this 6th day of January,
1978.