Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8306
SECOND DIVISION Docket No,
8101
2-RF&P-CM-' 80
The Second Division consisted of the regular members and
in addition Referee Kay McMurray when award was rendered,
( System Federation No,
4,
Railway Employes'
( Department, A, F. of L. - C, I. 0.
Parties to Dispute: ( (Carmen)
(
( Richmond, Fredericksburg and Potomac Railroad Company
Dispute: Claim of Employer:
1. That Cayman, Timothy 0. Minor was unjustly dismissed from service as
result of investigation held in the office of the Master Mechanic at
10:1+5 a,m,, on Friday, September
23, 1977
in violation of Rule
31+
of the Shop Crafts Agreement,
2. Accordingly, Cayman, Timothy 0. Minor is entitled to be restored to
service, compensated for all lost wages and loss of all benefits and
insurances accruing
to employer in service, to include
6%
annual interest
rate, with seniority rights unimpaired, said claim to continue until
satisfactory settlement is reached.
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 disrnzte
are respectively carrier and employe within the meaning of the Railway Labor Act
as approved June 21,
1931+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The claimant, T. 0. Minor, was notified by letter dated September
13, 191'7,
to appear for an investigation to be conducted at the office of the carrier on
September 20,
1977.
He was charged with excessive absenteeism from his position
as Cayman at the Potomac Yard. The letter further informed him that his entire
work record would be reviewed and considered in assessing discipline. At the
request of the organization hearing was post~.poned to September
23, 1977.
Following an appropriately conducted investigation the penalty herein complained
of was assessed.
There is no dispute with respect to the facts in this case. The
record
reveals a pattern of absenteeism which could not be condoned by a carrier. Ii:
includes one discharge for absenteeism with a return to work on a leniency
basis. On the other hand, the Board is impressed with the candid and straightforward manner with which the claimant attempted to correct his deficiencies,
Without
burdening the
record, his personal and family problems were real and lie
Form 1
Page 2
Award No. 8306
Docket No. 8101
2-RF&P-CM- · 80
did make serious effort to solve them. The carrier apparently was aware of this
effort as is evidenced by their actions previous to this final judgment.
It is clear that soave form of disciplinary action is warranted. However,
based on the entire record, this Board is not convinced that the ultimate industrial
penalty is merited. Mr. Minor has suffered considerable economic loss during his
absence from work and it is hoped that such loss will be remedial in nature.
We will return him to work without arXy pay for time lost, In so doing, grievant
is admonished that this is in the nature of a last chance. He must demonstrate
that he can correct his history of absenteeism or suffer the consequences.
A W A R D
Claimant will be returned to work without pay for time lost but with
seniority unimpaired.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
BY
osrie Brasch - Administra ive Assistant
Dated at Ch2cago, Illinois, this 16th day of April, 1980,