Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8857
SECOND DIVISION Docket No. 9062
2-SCL-FO-182
The Second Division consisted of the regular members and in
addition Referee Clarence H. Herrington when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That tinder the current and controlling agreement, as amended, Laborer
Owen Thompson was unjustly dismissed from the service of the Seaboard
Coast Line Railroad Company on September 7, 1979, after investigation
held in Mr. Montgomery's office on August 21, 1979.
2. That in accordance Laborer Owen Thompson be restored to his regular
assignment at Hialeah, Florida, Shops with all rights unimpaired, vacation,
health and welfare benefits, hospital and life insurance be paid and com
pensated for all lost time effective September 7, 1979.
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
ss 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.
On September 7, 1979, Claimant was notified that he was dismissed from Carrier's
service because of insubordination and uncivil conduct to the Assistant Master
Mechanic on August 10, 1979, at Hialeah, Florida. Claimant's dismissal followed an
investigation conducted on August 21, 1979·
A careful review of the record shows that Claimant was afforded a fair and
impartial hearing prior to his dismissal. Without going into all the detail that
brought about his dismissal suffice it to say that there was substantial evidence
produced at the hearing to show that Claimant was guilty of the offense for which
he was dismissed. His actions justified severe discipline. There is, however,
some question as to the severity of the
offense
to warrant punishment
of
permanent:
dismissal.
Based on the entire record, the Board is of the opinion that the time Claimant
has been out of service should constitute sufficient discipline. We will award that
Claimant be restored to service with seniority and other rights unimpaired, but
without pay for time lost while out of service.
Form 1 Award No. 8857
Page 2 Docket No.
9062
2-SCL-FO-182
Claimant should clearly understand, however, that the purpose of this award is
to give him "one last chance" to become and remain a responsibile employe. Any
further major infraction by him will result in the permanent termination of his
service.
A W A R D
Claimant is returned to service without any back wages or payment for
lost benefits.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
BY
o emarie Brasch-Administrative Assistant
Dated t Chicago, Illinois this 6th day of January, 1982.
Ifto