Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No, 8279
SECOND DIVISION Docket No. 7685
2-SCL-CM-'80
The Second Division consisted of the regular members and in
addition Referee Dana E, Eischen when award was rendered.
System Federation No.
42,
Railway Ebyes'
Department, A, F, of L. - C, I. 0,
Parties to Dispute: ( (Carmen)
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated terms of the
controlling agreement when they suspended Carman Albert Miles, Jr.
from service on August 18, 1975 and dismissed him on September 9, 1975.
2. That accordingly the Seaboard Coast Line Railroad be ordered to reinstate
Carman Albert Miles, Jr. with seniority rights unimpaired, compensate
him for all time lost as a result of his suspension and dismissal.
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 employed in August 1975 as Carman at Hialeah, Florida with
assigned hours 4:00 pan to Midnight, rest days, Tnesdays and Wednesdays. He failed
to report for work on August 17, 1975 and upon reporting was given an oral and
written reprimand by the Assistant Master Mechanic. Following that meeting,
Claimant was instructed by his Foreman to proceed to his work area and start on the
shoeing track in the Coach Yard, Frown the record it is apparent that employes
including Claimant, often ride bicycles in connection with their work in the
yard, A dispute arose between Claimant and his Foreman regarding whether Claimant
would walk or ride his bike to the work site.
The record does establish that Claimant disobeyed orders of the Foreman and
later of the Assistant Master Mechanic and rode his bicycle. Thereafter, at
5:00 pan, Claimant was taken out of service and under date of August 19, 1975 he:
was notified to attend investigation into charges as follows:
Form l Award No.
8279
Page 2 Docket No. 7685
2-SCL-CM-'80
"You are directed to attend investigation scheduled to be
held in the Office of the Superintendent of Terminals,
Hialeah, Florida, at 2:00 p.m.., Wednesday, August 27, 1975,
to develop facts and determine responsibility, if any, in
connection with your violation of Rule No. 19 of the agree
ment between the Seaboard Coast Line Railroad Company and
the Brotherhood Railway Carmen of America, that portion
which reads, 'An employee detained frown work on account of
sickness or for any other good cause shall notify his
Foreman as early as possible,' this violation having occurred
on Sunday, August 17, 1975.
Also, your violation of that ,portion of Rule No. 32 of the
Seaboard Coast Line Railroad Ccmpany, Rules and Regulations
of the Mechanical Department, reading, 'Insubordination will
subject the offender to summary dismissal,' this violation
having occurred at approximately 4:30 P.M,., Monday, August 18,
1975.
You may have representation if you desire in accordance with
the agreement under which you are employed and you may arrange
to have present any witnesses who have knowledge of this
matter,"
Following the hearing, Claimant was found guilty of insubordination and of
being AWOL and he was dismissed from service.
We have reviewed the record with care and are persuaded that Claimant is
culpable for his actions, but that the penalty is excessive. He had already
received an oral reprimand and written citation for his absence on August
17,
1975. It seems evident that this charge was added to the insubordination only
to give extra weight and justify a harsher penalty. We cannot and do not
condone Claimant's apparent disregard of reasonable orders from his authorized
supervisors. But we must hold that the ultimate punishment of outright dismissal
is too severe in this case. Claimant shall be reinstated, but without pay and
benefits,
A W A R D
Claim sustained in part as indicated in findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By _
semarie Brasch - Admi istrative Assistant
Dated at Chicago, Illinois, this 26th day of March, 1980.