Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9+09
SECOND DIVISION Docket No.
93+5
2-NRPC-FO-'83
The Second Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer Nathaniel Jones
was unjustly dismissed from service of the Carrier following investiga~-
tion held on February
28, 1980.
2.
That, accordingly, the Carrier be ordered to make the aforementioned
Nathaniel Jones whole by restoring him to Carrier's service, with
seniority rights unimpaired, made whole for all vacation rights,
holidays, sick leave benefits, andall other benefits that are a condition
of employment unimpaired, and compensated for all lost time plus ten
(10%) percent interest annually on all lost wages, also reimbursement
for all losses sustained account of coverage under health and welfare
and life insurance agreements during the time he has been held out of
service.
Findings:
The Second Division of the AdSustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employs or employes involved in this dispute
are respectively carrier and employs within the meaning of the Railway Labor Act
as 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.
Claimant, Mr. Nathaniel Jones, entered service of the Carrier on October
22,
1979
and at the time of the incident in question worked as a laborer at Carrier°s
Beech Grave Facility, Beech Grove, Indiana. On February
26, 1980
Claimant received
notice to appear for an investigation on February
28, 1980.
He was charged with
alleged violation of Carrier Rules of Conduct °'K" and "L". These Rules read as
follows:
"K. Employees must report for duty at the designated time and
place, attend to their duties during the hours prescribed and
comply with instruction from their supervisor."
"L. Employees shall not sleep while on duty, be absent from
duty, exchange duties or substitute others in their place,
without proper authority."
On March
3, 1980
Claimant was notified that he had been found guilty as charged
and was being dismissed from service on that day.
Form 1
Page 2
Award No.
9409
Docket No.
9345
2-NRPC-FO-183
An analysis of the materials presented to this Board in the instant case
warrants the conclusion that the Claimant did receive a fair and impartial
investigation and that he is guilty as charged. Two witnesses testified that
Mr. Jones was found sleeping on February 26,
1980
in lieu of covering his
assignment. The only question to be resolved, therefore, is whether the sanction
imposed by the Carrier in the instant case was appropriate.
This Board has underlined in numerous prior Awards that the role of
discipline is not only punitive but that it should. also provide corrective and
training measures (Second Division 64$5; Third Division
5372
and
19037
inter alia,)
An examination of the present record before this Board shows that, despite
Claimant's short tenure with the Carrier, he does have a clean service file and
no prior record of malfeasance of any kind: this does not, in itself, justify
his umaise actions on February 26,
1980
when he violated Carrier Rules K and Z,
but this prior unblemished work record does provide mitigating circumstances
whereby, under the rule of progressive discipline, the Claimant may be given an
additional chance to prove himself. Therefore, this Board directs that Claimant
be reinstated to service, but without back pay for time lost while out of service,.
A W A R D
Claim sustained to the extent indicated in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
marie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 2nd day of March,
1983.