Form 1 NATIONAL RA ILROAD ADJUSTMENT BOARD Award No.
8899
SECOND DIVISION Docket No.
9037
2-SCL-SM-182
The Second Division consisted of the regular members and in
addition. Referee Clarence H. Herrington when award was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute:
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employee:
1, Restore claimant to service of Carrier with all seniority rights
unimpaired.
2, Compensate claimant for all time lost in addition to an amount of
per annum compounded annually on anniversary date of claim.
3.
Make claimant whole for all vacation rights.
4,
Reimburse claimant and/or his dependents for all medical and dental
expenses incurred while employee was improperly held out of service.
5,
Pay to the claimant's estate whatever benefits the claimant has accrued
with regards to life insurance for all time claimant was improperly held
out of service.
6.
Pay claimant for all contractual holidays.
7.
Pay claimant for all contractual sick pay.
8.
Pay claimant for all jury duty and all other contractual benefits.
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 ot=aiaphyes involved in this dispute
are respectively carrier and employe within the meaning of the Railway Labor Act
as app*pved 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.
Claimant, R. E. Laboris, a Sheet Metal Worker, was employed by the Carrier
at its Hialeah, Florida facilities on April 22,
197+.
On June
13, 1979,
Claimant sustained a slight injury to his finger. By letter
dated June
28, 1979,
the Claimant was notified to attend an investigation to be
held July
5, 1979,
for alleged insubordination and failure to promptly report a
personal injury.
Form 1
Page 2
Award No.
8899
Docket No. 9037
2-SCL-SM-'82
The investigation was rescheduled and held on July 19, 1979. The Claimant was
given a formal letter, dated October 11, 1979, removing him from service for
violation of Rule 12, that portion reading "*** insubordination ***" and Rule 10,
that portion reading "Employee must report promptly to supervisor any personal
injury occurring on duty or -on--8ety property."
A careful review of the record shows that Claimant was afforded a fair and
impartial hearing prior to his dismissal. While this Board certainly does riot
condone the action of the Claimant, it is felt that a thorough study of the transcript
of the formal investigation reveals that Claimant does have a language problem arid
thought he had reported, the personal injury to his supervisor. His actions justified
severe discipline since he did not explicitly follow the rules as required.
This Board has consistently, in prior awards, held that actions by a Claimant,
such as are involved in this dispute, were grounds for dismissal. We have been
reluctant to substitute our judgement for the judgement of the Carrier in such
cases and have avoided reinstating discharged employee who have been found guilty of
such offenses. The Board, however, on some occasions reversed a Carrier's actioxu
if we thought the discipline imposed was arbitrary or capricious, or the discipline
had by the time of our deliberations served its purpose.
In the instant case, the Board holds that the discipline imposed to date hasp
served its purpose. Claimant must be made aware that if he is involved in any further
major infraction this Board would, without doubt, deny a further chance to return
to work.
A WAR D
Claimant is returned to service without any back wages or payment for lost
benefits.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By /
emarie Branch - Administrative Assistant
Dated
at
Chicago, Illinois, this 3rd day of February, 19~)2.