Form 1 NATIONAL RAILROAD ADJUSTNEI9T BOARD Award No.
77j1
SECOND DIVISION Docket No.
7638
2-IIIB-BM-'
78
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( System Federation No. 1, Railway Employes'
( Department, A. F. of L. - C. I. 0.
_Parties to Dispute: ( (Boilermakers)
(
( Indiana Harbor Belt Railroad Company
Disyate: C1.airn of E~nployes:
1. That Boilermaker Robert C . Christman eras improperly dismissed
from service following investigation held on jarnzary
31, 177.
2. That accordingly the Carrier be ordered to reinstate the aforementioned Boilermaker to service with all seniority rights
unimpaired, all lost wages, health and Welfare, Life Insurance,
Vacation and Holiday pay now in effect and any additional benefits
that nay be negotiated as a result thereof until he is restored
to service.
Findings:
The Second Division of the Adjustment Board, upon tile whole record and
all the evidence, finds that:
The carrier or carrier~s 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, art e:nploye -vith 20 years' service, was suspended on January
269
1977,
when he was observed welding in a manner considered improper and
dangerous by representatives of the Carrier. He was then given notice oz an
investigative hearing, held on January 29,
1877,
and on hebzcary
14, 1977
he was dismissed from seovoce. The specific change involved was as follows:
"That on January 269
177,
you were found in the process of
irrtW~operl;,r welding or. the front- pilot plate of 1I14,3 locornt;tive
886`3
with your ground cable not on the parent metal. as close
as possible to the object being welded."
Form 1
Page 2
Award No. 7751
Docket No.
7638
2-II3B-BM-
`78
The investigative hearing, though acrimonious in part, nevertheless
provided the Claimant and his representative full opportunity to defend
his position.
No detailed review of the various instructions issued in reference to
welding techniques is required here. It is sufficient to say that the Board
will not disturb the Carrier's finding that the Claimant was using an improper
procedure in his welding and that, frost significantly, he was aware of this
through previous instruction, correction, and discipline on the matter. of
welding techniques.
The Board cannot find., however, that the Carrier acted properly in
exacting the penalty of dismissal from, the service. Such u, measure is not
appropriate to t=:e particular offense. The inappoopriateness is emphasized
by the Cax·ri.e:c''s action in suspending the Claimant prior to and pend`.nhis
:investigative hearing. This is not, in the Boax'd's view, one of the proper
cases calling fox such pre-hearing suspensions.
The Board will therefore sustain the p1'opx:iety of disciplinary action,
but will find that the penalty of dismissal is overly severe. The C1ainawt
will be restored promptly to his position with the period of time serve
without
pay from Jar_ua).y 25,
1977,
to be an appropriate penalty. Rather than
taking this riod:i_fica.tion as exonera.t~.on, the C1 a:nranv si:ould ii ndorsta.nci that
this extensive da_scipJ.inawy suspension must serve as a final warning as to
the necessity of following proper procedures in his skilled wo& and o:
understanding the serious consequences to life and property which may result
in failing to follow such procedure;;.
Claim sustained, to the extent that the Clair.=ant shall he promptly
,reinstated to his position with full seniority, but without back pay or other
retroactive benefits.
NATIONAL RA:CTLEOA1 t`DJUSThELT'TC' BOAliD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
wiosunarie._L.r'c..sC'LIM
^ IyJ_
.'.74~I1eN°t,l'_:~.i'v f~ r_SSl
~;;a n'n
Date ~ at Chicago, Illira :.s, this 2pth day o f dove.nber,
1978.