Form 1 NATIONAL RAILROAD
ADJUSTMENT BOARD
Award No.
8310
SECOND
DIVISION Docket No.
8124
2-SISW-MA-180
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered,
( International Association of Machinists
( and Aerospace Workers
Parties to Dispute:
(
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
la
That Machinist L. W. Barron was unjustly dealt with by the St. Louis
Southwestern Railway Company in that he was cited for three
(3)
consecutive investigations, his personal record assessed demerits,
and he was subsequently dismissed from service by letter dated
December
19, 1977,
on alleged numerous charges one of which was
repeated three
(3)
times. The controlling Agreement effective
November 1,
1953
was violated.
2. That, accordingly, Claimant's personal record be cleared with return
to duty, seniority rights unimpaired and made whole for all monetary
losses per applicable Agreement and
6%
per annum. interest.
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.
The record shows that Petitioner had been given three
(3)
separate
investigations on October
27,
November
9
and December
8, 1977
respectively, for
performing work on September
26, 1977
on Unit
4145
without providing proper Blue
Flag Protection giving false reasons for laying off work on February 2 and 20
and March 1, 10,
30,
April
6, May 9
and August
31, 1977.
He was also accused
of being insubordinate and dishonest when he was absent and failed to protect
his position from September
26, 1977
to November
7, 1977.
He was found guilty,
of the charges in all three investigations and given two distinct forty-five
(45)
demerit penalties for the specifications investigated at the October
27
and
November
9, 1977
hearings and dismissal from service on December
19, 1977
following the last investigation. The above dispositions were appealed on the
property pursuant to Agreement procedures and are now before us as one claim.
Form 1
Page 2
Award No. 8310
Docket No. 824
2-SLSW-MA-'80
In reviewing the voluminous investigative transcripts and supporting
documentary evidence, we find that Claimant was provided a fair and impartial
hearing consistent with Agreement Rule
24
and afforded ample opportunity to
conduct an intelligent and vigorous defense. We find no substance to any of the
procedural objections raised by Petitioner.
Similarly, when we review the testimonial record, we find substantial evidence
of compelling probative value to sustain each of the asserted offenses. He
acknowledged working on Unit
4145
without protection of Blue Flag in violation
of Safety Rule x+006; the Veterans Administration Hospital in Little Rock, Arkansas
and the Pine Bluff Arsenal Clinic had no records of him being treated at those
institutions on the days noted in the November
9, 1977
charges and additionally,,
he had not submitted medical verification to cover those absences. Moreover, the
record clearly shows that he absented himself from work from September 26,
1977
to November
7, 1977
and gave false reasons for not protecting his assignment.
In all these situations he plainly manifested behavior that was contrary to
Carrier's cited rules and procedures.
We find no basis for concluding that the disciplinary penalties were an
abuse of managerial discretion or violative of Rule 24. But we believe that
parties best interests would be served if we restored Petitioner, without back
Pay. with all rights unimpaired. His dismissal to date should serve
as sufficient punishment for the proven offenses herein. We hasten to add,
however, that we expect him to observe strictly a71 the rules and regulations
governing his employment.
A W A R D
Claim sustained to the extent expressed herein.
NATIONAL RAILROAD ADJ'trS'ITENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
e--z
BY ,~,s
~semarie Brasch - Admi ist atzve Assistant
Dated[at Chicago, Illinois, this 16th day of April,
1980.
the