Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
835+
SECOND DIVISION Docket No.
7827
2-COW-CM-18o
The Second Division consisted. of the ,regular members and in
addition Referee James F. Scearce when award was rendered,
( System Federation No.
76,
Railway Employes'
( Department, A, F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. Coach Cleaner Melvin Dial was unjustly dismissed from service on
may
18, 1977.
2,
Coach Cleaner Melvin Dial was erroneously charged with failure to
protect his assignment from March 1,
1977
through March
31, 1977.
3,
That the Chicago and North Western Transportation Company be ordered
to reinstate Coach Cleaner Melvin Dial with seniority unimpaired
compensate him for all time lost at eight hours per day, with his
contractual benefits restored, and make him whole for any loss of
benefits suffered during the period he is withheld from service, including
hospital and medical benefits, life insurance, dental benefits and
supplemental sickness benefits in accordance with Rule
35.
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 Tabor Act
as approved June
2l, 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 was texminated~.for failure to protect his position during the period
of February
19, 1977
to March
31, 1977.
The record indicates Claimant was in
contact with the Carrier only once during this period -- 2
- 3
weeks following
commencement of his absence. The Carrier contends that such contact did not meet
reporting requirements and that the Claimant was advised to either report or
furnish sufficient proof of illness, and that he did neither. The Organization
asserts that the Claimant met his reporting requirements, that the handling of the
Claimant's case was improper and that the hearing was biased. We find no support
for this latter contention, but this Board does find sufficient basis to return
the Claimant to work on a "last chance" basis. We note a disagreement over the
cause of the Claimant's absence; whatever that reuse may have been, we alert the
Claimant that he has a specific obligation to
be
regular in attendance. He would
do well to avail himself of whatever assistance -- medical or otherwise -- necessary
Form 1
Page 2
Award No.
8354
Docket No.
7827
2-C&NW-CM-' 80
to insure he overearnes any problems that might be impeding his performance or
attendance.
A W A R D
Claim is sustained in part; the Claimant shall be returned to work with no
back pay, but his seniority intact.
Attest: Executive Secretary
National Railroad Adjustment Board
By
.-~L/
R semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of June,
1980.
NATIONAL RAILROAD ADrJ'US1MEW BOARD
By Order of Second Division