Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8441
SECOND DIVISION Docket No. 8286
2-CMStP&P-CM-'80
The Second Division consisted of the regular members and in
addition Referee M. D. Lyden when award was rendered.
( Brotherhood of Railway Carmen of the United
( States and Canada
Parties to Dispute:
( Chicago, Milwaukee, St. Paul & Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company did
improperly and unjustly dismiss Carman David Rowland on March 29, 1978
as a result of hearing held on March 14, 1978.
2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company be
ordered to restore Carman Rowland to service with seniority unimpaired
and with compensation in the amount of eight hours pay for each work day
starting from March 29, 1978 until he is restored to service.
3. That Mr. Rowland be made whole for all benefits that are a condition of
employment, such as, but not limited to, vacation rights, medical, dental
and group life insurance benefits.
That Mr. Rowland be awarded interest at the 6%o rate per annum for any
compensation awarded.
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 substantiates that Carman David Rowland failed to protect his
assignment as charged. He was given ample opportunity and warning to improve his
work record but made no effort to do so. His absence on January 25, 1978, after
arriving late for work and then leaving on account of an alleged illness, was not
substantiated in testimony by the claimant. The claimant did receive a fair and
impartial hearing prescribed by the provisions of Rule 34 (g). Railroad managevient
has the responsibility of supervising its employees and operating the railroad
it must be permitted reasonable discretion in the assessment of discipline.
The Chicago, Milwuakee, St. Paul and Pacific Railroad Company did not
improperly and unjustly dismiss Carman David Rowland on March 29, 1978 as a result
of hearing held on March 14, 1978.
Form 1 Award No. 8441
Page 2 Docket No. 8286
2 -CMStP&P-CM-X80
For these reasons, the claim of the employe is denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
o emarie Brasch - Administrative Assistant
Dated Chicago, Illinois, this 24th day of September,
1980.