Form 1 NATIONAL, RAILROAD ADJUSTMENT BOARD Award No.
83+6
SECOND DIVISION Docket No. 8301
2-CR-MA-'80
The Second Division consisted of the regular members and in
addition Referee Higdon C, Roberts, Jr, when award was rendered,
( International
Association of Machinists
and Aerospace Workers
parties to Dispute:
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Consolidated Rail Corporation dismissed in all capacities
Machinist John W. Bronson, for unfair, unjust and unreasonable reasons.
2. That John W, Bronson be restored to service at the 59th Street Engine
House, Chicago, Illinois with all lost wages paid in full and all rights
unimpaired.
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.
Procedural questions have been raised by the organization in this case. At
the hearing on the property, the grievant's right to representation is limited to
himself and/or the organization. It is only before the Board that other
representation of his choice is allowed. The carrier, once having admitted the
lawyer to represent the grievant at the initial hearing, would have been more
consistent had they not denied the same representation at the appeal. Neither
the organization, nor the carrier, should have permitted the lawyer at the hearing
on the property.
The inconsistency, however, did not prevent a fair hearing, and was not fatal
to the Carrier's case.
The grievant admits guilt in violation of Rule 8-1-1, However, there is need
to consider the fact that his sister had died, and his failure to mark off is
understandable in these circumstances. The death of a close relative is normally
very upsetting and can affect clear thinking and subsequent actions.
Form 1
Page 2,
Award No.
83+6
Docket No.
8301
2-CR-MA-'80
That the grievant pushed the general foreman is also apparent from the record.
However, he did not try very hard to "inflict bodily harm" and, when calmed dawn,
left the ctenpanyy property. This action, though unacceptable, can also be explained
by the grievant's state of mind resulting from. his sister's death,
These mitigating circumstances, plus the grievant's record, makes discharge too
severe. The grievant is ordered reinstated with seniority unimpaired, but without
compensation for time lost.
A W A R D
Claim sustained to the extent indicated in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National. Railroad Adjustment Board
BY
o rie Brasch - Achninistrative Assistant
Dated Chicago, Illinois, this 21st day of May, 1980,