Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
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SECOND DIVISION Docket No. 9272
2 -MP-F
o- ' 82
The Second Division consisted of the regular members and in
addition Referee Edward M. Hogan when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That Laborer Edward A. Homes was unjustly dismissed from the service of
the Missouri Pacific Railroad Company on
July 7, 1980.
2. That accordingly, the Missouri Pacific Railroad Company compensate
Laborer Edward A. Holmes at his pro rata rate of pay for each work day
beginning July
7, 1980,
until he is reinstated to service'and in
addition to that, receive all benefits accruing to any other employee in
active service, including vacation rights and seniority unimpaired.
Claim is also made for Laborer Edward A. Holmes, for his actual loss of
payment of insurance on his dependents and hospital benefits for himself,
pension benefits including Railroad and Unemployment Insurance, and in
addition to the money claimed herein, the Carrier shall pay Mr. Holmes
an additional sum of 12°% per annum compounded annually on the anniversary
date of said Claim.
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.
A formal investigation was held following the charges against the Claimant
of failure to protect his assignment, failure to report to work at the appointed
time, excessive absenteeism, and falsification of time card for a particular
date. Based upon the seriousness of the charges in the instant case as well as
a thorough review of the Claimant's past disciplinary record in the four years
of his service to the Carrier, the Claimant was dismissed from the service of the:
Carrier after a finding substantiating the charges in the instant case.
After a review of the record in this case, this Board finds that there is no
valid reason to overturn the discipline assessed the Claimant. This Board also
finds that the discipline of dismissal to be completely warranted in this case
based upon the Claimant's record which is replete with instances of tardiness,
early departure, unauthorized absences, repeated counselling about poor attendance
Form 1
Page 2
Award No.
Docket No.
9272
2-MP-FO-'82
habits, a prior thirty day suspension assessed because of poor attendance, and
a prior two year suspension resulting from Claimant's misconduct towards a
supervisor.
This Board has ruled in Award No.
6196:
"The precedent is well established that this Board should not
substitute its judgment for that of the Carrier in discipline
cases where it has produced substantial evidence that the
offense charged was committed. While the administration of
disciplinary action should not seem haphazard or capricious,
it is clear that the imposition of discipline is within
managerial discretion."
We find nothing in the record which would enable us to uphold the Claimant's
position. We therefore conclude that the discipline assessed in this case
commensurate with the offense and will deny the claim.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
BY
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 28th day of April,
1982.