Form 1 NATIONAL RAILROAD ADJUSTPENT BOARD Award No.
7708
SECOTTD DIVISION Docket No.
7406
2-CMStP&P-MA.-
` 78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Empl`oyes:
1. 'that under the current Agreement George P. Janusiak, Machinist
1ielper, Milwaukee, Wisconsin, was improperly di-Tissed from
service of the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company, hereinafter referred to as the Carrier, effective
November
19, 1975.
Dismissal eras the end result of an investigation held on October
7, 1975
for Claimant's alleged failure to
protect his assignment, failure to notify his foreman that he
would be detained from work, and for taking unauthorized leave
of absence on. September 26th and 29th,
1975.
2. That accordingly, the Carrier be ordered to restore George P.
Janusia':, hereinafter referred to as the Claizr_ant, back to service
with full seniority and vacation rights, and be compensated for
loss of i-rages, includi.n; overtime, also with vacation pay,
hospitalization benefits and any other benefits due to him until
restored to service.
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,
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 wasz dismissed from the service of the Carrier for failure to
protect his assignment failure to notify his foreman that he would be
detained from work azad for taking an unauthorized leave of absence.
The record in this case is scant ,but after a review of same ire find
that evidence of probative value vas prod~,.ic,~d at the investigation,
which evidence was sufficient to support tree ctla,re.
Form 1
Page 2
Award No
7708
Docket No.
7406
2-CMStP&P-L~A-'
78
We next turn to the issue of the penalty. Dismissal is the ultimate
penalty, which is reserved for the more serious offenses. Its application
in the instant case is not warranted It is obvious that the claimant's
unenviable record was a major factor in assessing the dismissal penalty.
While it is proper to consider an employe's past record, the facts of the
instant case do not support dismissal. Claimant should be restored to
service without compensation for time lost.
We find that the agreement i-;as violated.
A W A R D
Claim sustained in accordance with the findings.
NATIONAL RAILRaPiD ADJUML'EI' BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Zo~!euav~e Branch - Administrative -Assistant
Dated ~ Chicago, Illinois, this 1st day of November,
178.