Form 1 NATIONAL RAILROAD ADJUSTMNT BOARD Award No.
8757
SECOND DIVISION Docket No.
81+84
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 Carman Clifton Roberts Jr. was unjustly dismissed from all service
of the Chesapeake and Ohio Railway Company effective February
27, 193
as a result of an investigation held in office of General Mechanical
Foreman's office, Plymouth, Michigan, January
24, 1978
at 11:00 A.M.
That accordingly the Chesapeake and Ohio Railway Company compensate
Carman Clifton Roberts Jr. his applicable straight time rate of pay
from February
27, 1978,
until restored to service.
3.
That accordingly Carmen Clifton Roberts Jr. 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
.
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.
Claimant was employed by the Carrier as a carman in Carrier's yard at Rougemere,
Detroit, Michigan.
Following an investigation on charge of excessive absenteeism from November
6,
1977
to January
17, 1978,
claimant was dismissed from service on February
27, 1978.
A copy of the transcript of the investigation has been made a part of the record.
The period. involved (November
6, 1977
to January
17, 1978)
contained 49 working
days. Claimant was absent nineteen days during this period. On some days he reported
sick, an some he had automobile trouble, and on some days he was simply shown as
"No Report." No medical evidence was submitted to substantiate claimant's alleged
illness.
Form 1 Award No.
87517'
Page 2 Docket No.
8484
2-C&O-CM-'81
The record also indicates that claimant had previously been cautioned about
absenteeism. The discussion of claimant's prior record in the investigation did not
violate any rule of the agreement or cause the investigation not to be fair and
impartial.
Based upon the entire record, the Board is convinced that discipline was warranted.
However, we consider permanent dismissal, under the facts shown, to be 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.
Claimant should understand that the purpose of this award is to give him one last
chance to become a dependable and reliable employee, and that further major infractions
will result in the permanent termination of his services. He should also understand
that his work attendance record must improve.
A W A R D
Claim sustained to the extent indicated in Findings.
NATIONAL RAZIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By __
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 2nd day of September,
1981.