Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7564
SECOND DIVISION Docket No.
7480
2-CR-EW-'78
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Federation No. 1, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under the current agreement, Electrician Darrell Nelson was
unjustly dismissed from service effective April 23, 1976.
2. That, accordingly, the Carrier be ordered to restore him to
service with all seniority rights unimpaired and with pay fox all
time lost retroactive to aforesaid date.
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 service for falsifying time on duty on
March 25,
1976,
and sleeping on duty or assuming the position of sleep on
March 29 and April 1,
1976.
We find nothing in the record to indicate that
the Carrier's disciplinary action was not appropriate. Claimant was
notified to attend a hearing on April
8, 1976
but failed to appear nor was
he represented. Claimant cannot void the implementation of a proper hearing
by failing to appear. The Organization points to several apparent technical
oversights on the Carrier's part as a defense against its actions. hile
there may be merit to such assertions, they are not of a nature to prejudice
the Carrier's right to assess and administer discipline. Based on
consideration of all factors involved, we do not find merit to the
Organization's defense in this case. While affirming the Carrier's actions,
we note that the record is devoid of any notice of discipline to the Claimant.
Notwithstanding the Carrier's salient arguments that this issue (lack of notice
of discipline) was not timely filed and, indeed, that the first appeal in
this case may not have been timely, we direct that the record be made whole
by addition of such a notice of discipline.
Form 1
Page 2
Award No. 7564
Docket No. 7480
2-CR-EW-'78
A W A R D
Claim is denied; Carrier is obliged to correct the record as set out
in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad
Adjustment Board
By 77 ~-~- ,~._,. r - 1, /Z,,lc--'Z-c---Iy--'R semarie Brasch - Admini.strative Assistant
Dated at Chicago, Illinois, this 16th day of June, 1978.