Form 1 NATIONAL RAILROAD ADJUSTPEIVT BOARD Award NO. `I81+4
SECOND DIVISION Docket No. 773
2-C&MrT-CPI-' 79

The Second Division consisted of the regular members and in addition Referee Herbert, L. Marx, Jr. when aTrrard was rendered.

( System Federation No. 76, Railway F~nployes'

( Department, A, F. of L.

Parties to Dispute: (Carmen)
(

( Chicago and North Veste,rn Transportation Company

Dispute: ,Clairl of F,m_ployes

1. Car Inspector John A. Pille.r. , Butler, j^7isconsin, was unjustly dismissed from service on March 28, 177.

2. Car Inspector John A. P:i11er was erroneously charged wl.th failure to comply with instructions from trainmasl;e~.^.

3. That the Chicago and T:orth Western Trans no rt at- ion Comparrr be ordered to reinstate Car Inspector John A. :Piller with his senioritY unimpaired, ,re:i.mburse him for all vacation rights, hc:allch and welfare and insurance benefits, and x,11 benefits tie Vr'ol?..Ld have beer entitled to had he not been un~ustly dismissed, as pet I-;ule 35.

F:i.nd.in~,s

The Second Division of the Adjustment Board, upon the whole record and all the evidence, rinds that:

The carrier of carx° i-.ers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as alrproved June 21' 101134.

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 charged with "failure to comply with instructions from Txa9_nrnastei T-7. T. Lundell when you were in >txwcted to provide yourself and wear a bump hat at Butler Yard while assigned as Car inspector."

A properly conducted investigation was held, at vrhiclu time it was testified that ^1raitnaster Lundell, during the week of March 1, 1977, noticed that claimant was not wearing his yellcz,r btunp hat. lie advised the claimant that he should put on his bump hat and wear. it while pe,rf ormirg Carmen duties. Ap, ro=LLmately one wo.eli later Lundell a;;ain noticed that claimant was not wearing his bump hat. The above noted charge ;resulted.
Foam 1 Award No. 780
Page 2 Rocket No. 7783
2-C&1VW-CM-' 79

Claimant testified that the bump hat issued to him was broken. Ile further stated that he forgot about the subject. He did not talk to the foreman on duty about a bLU?rp hat but acknowledged that he should hove.

Claimant further acknowledged that he did not wear a bwn.p hat during the week in question bwt was able to secure one after being approached by Tras_rnnaste,r Lundell. on the second occasion.

While claimant's prior discipline record is far from exeriplaxy, the Board finds that dismissal from service is excessive in these circumstances. The Board irill restore claimant to service with service rights unimpaired but without pay fox lost wages.

In granting clairrarTc this e,ppol.Ttunity, it :is antici.patcd that the claimant will- have learned -f.he over.rid.5.iy necessity of complying with work-r elated inst:.~u.ct:i.csrls and that failure to do so again may yell result in dismissal from service.

A V A R D

Claim sustained to the extent set forth in Findings.

rLIMOiTAL RA:iLROAD ADM T'z.i ~Lv'f BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Boavd

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Dated a1t Chicago, Illinois, this 7th day of Febmaxy, 1979.