Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No:
7$53
SECOND DIVISION Docket No.
7605
The Second Division consisted of the regular members and in
' addition Referee Irwin M. Lieberman when award was rendered.
( System Federation No. 21, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Southern Railway Company
Dispute: Claim of Employes:
1. That under the Agreement, Student Mechanic A. R. Warner, Danville,
Kentucky, was unjustly dismissed from service by letter dated
September
3, 1976
as a result of investigation held on August
30,
1976.
2. That accordingly the Carrier be ordered to restore Student
Mechanic A. R. Warner to service with seniority and vacation rights
unimpaired, he be made whole for Health and Welfare and Life
Insurance benefits and he be compensated for all time lost
betinning on the date he reports for work.
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 herein was dismissed by letter dated September
3, 1976
after an
investigation, having been found guilty of failure to protect his assignment.
The facts which are undisputed, indicate that Claimant last worked on
June
19, 1976.
On June 23rd a woman called in and indicated that he would
not b e at work, giving no explanation fox the absence. This was the last
anyone, Carrier or the Organization, heard from Claimant. Carrier made
several attempts to locate Claimant by phone and by registered mail, to no
avail. He was not present at the formal investigation, which had been
postponed at the request of the Organization. The investigation was held on
August 30,
1976.
Foam 1
Page 2
Award No.
7853
Docket No. 7605
2-SOU-CM-179
Petitioner raised two issues relating to procedure: the lack of
specificity in the charges against Claimant, in that no dates were indicated;
and the multiplicity of ,roles of the hearing officer. This Board is precluded
from considering either of these issues since neither one was raised on the
property. It is well established by Boards in this industry and the NRAB
that issues which are not raised during the handling of
disputes
on the
property may not be raised initially before these Boards, which are solely
appellate in function.
The substantive questions in this dispute came down to whether Carrier
has the right to dismiss an employee who has disappeared and further whether
Rule
34
requires a preliminary investigation in all cases, With respect to
the requirement that there be a .pxeliminary investigation, a rigid adherence
to that rule would permit employees to avoid the disciplinary process by
purposefully absenting themselves. Such a practice would obviously be
contrary to the intent of the parties as expressed by Rule
34
as a whole,
Concerning the question of the discipline imposed, there is no question
but that Claimant was guilty of the charge of failing to protect his assignment; in fact he still remained in an "A,V,O.Lo" status over a year later.
There certainly was sufficient cause for the discipline imposed and Carrier's
action may not be considered arbitrary, capricious ox unreasonable.
A W A R D
Claim denied.
NATIONAL RAILROAD
ADJTJSTNE PJT
BOARD
By order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
xna
.04
so 0
& 115
,rie
B,rasch - Administrative Assistant
Chicago, Illinois, this 21st day of Februarys 1979.
Dated