Form 1 NATIONAL RA IIROAD ADJUSTMENT BOARD Award No. 8751
SECOND DIVISION Docket No.
8425
2 -C&O-CM-'
81
The Second
Division
consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
Brotherhood Railway Carmen of the United States
Parties to Dispute: and Canada
Chesapeake and Ohio Railway Company
Dispute: Claim of Employes:
1. That Freight Car Repairer Welder, Harold E. Murphy was unjustly dismissed
from service as result of investigation held in the office of General
Plant Manager, Raceland Car Shop on June 2,
1978
in violation of Rule
37
account the charges were not exactly proven to be true and the discipline
rendered was far too excessive.
2. Accordingly, Murphy is entitled to be reinstated to service with seniority
rights, vacation rights and all other benefits that are a condition of
employment unimpaired, with compensation for all lost time plus
6°%
annual
interest. Also reimbursement for all losses sustained account loss of
coverage under health and welfare and life insurance agreements during
time held out of service.
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,
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.
Claimant was employed as Freight Car Repairer and Welder at Carrier's Raceland
Car Shop. He had been in service about eleven years. His assigned hours were
3:00 P.M. to 11:00 P.M., Monday through Friday.
On May 22,
1978,
claimant was notified:
"Arrange to attend investigation to be held in office of General
Plant Manager, Raceland Car Shops, Thursday, May 25,
1978, at
10:00 A.M.
You are charged with being away from your assigned position
without the permission of your supervisor and falsifying
your daily service card on the date of May
19, 1978.
Please arrange for representatives and/or witnesses, if desired."
Form 1 Award No.
8751
Page 2 Docket No.
8425
2-C&0-CM-'
81
The investigation was postponed and conducted on June 2,
1978.
A copy of the
transcript of the investigation has been made a part of the record. A review of the
transcript shows that none of claimant's substantive procedural rights was violated.
On June
15, 1978,
claimant was notified of his dismissal from the service.
It appears from the record that it was the practice at this location for
employes to fill out their time cards at the beginning of the shift. There was
substantial evidence in the investigation including the claimant's statement, that
claimant was absent from his work location between the hours of
8:00
P.M. and 11:00 P.M.,
and that he did not have permission to be absent. Claimant contended that he was
recovering from influenza on the night involved, and at the beginning of his lunch
period he had gone to his truck and laid down in order to rest, had gone to sleep
and slept until 2:00 A.M. the following morning.
In the investigation conducted on June 2,
1978,
there was evidence that claimant
attempted to have his time card corrected to four hours when he returned to work the
following Monday. Under these circumstances we do not consider that claimant was
attempting to defraud the Carrier.
Claimant was subject to discipline for being absent from his assigned position
without permission. However, permanent dismissal was excessive. We will award that
claimant be restored to the service with seniority and other rights unimpaired, but
without any compensation for time lost while out of the service.
AWARD ''r""
Claim sustained to the extent indicated in Findings.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By -)rder of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
-R semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 2nd day of September, 1981.