Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9467
SECOND DIVISION Docket No.
911-43
2-CR-FO-'83
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes
1. That, in violation of the current agreement, Laborer Robert M. Garman
was unjustly dismissed from service of the Carrier following trial held
on June
30, 1980.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Robert M. Garman whole by restoring him to Carrier's service with
seniority rights unimpaired, made whole for all vacation rights, holidays,
sick leave benefits, and all other benefits that are a condition of
employment unimpaired, and compensated for all lost time plus ten
(1050)
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 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.
Robert M. Garman is a laborer assigned to the Carrier's Hollidaysburg,
Pennsylvania, Car Shop with about six years of service. On June 9, 1980, he was
given notice to attend a trial in connection with the charge he was absent on
June 4,
5, 6, 1980,
and did not report off. Secondly, those absences were
specifically without permission. As a result of the trial, the Claimant was
dismissed from service effective July 11, 1980.
The clear and uncontroverted facts established at the trial confirm the
Claimant came in to pick up his check on June 3, 1980. He had been absent several
days prior to the Third. In the Superintendent's office, he was questioned
about his absences and specifically instructed to come to work the next day.
At the trial, the Claimant acknowledged outside problems and stated he had no
initiative.
Form 1
Page 2
Award No. 9467
Docket No.
94+3
2-CR-FO-183
The Organization argues the trial was neither fair nor impartial. This
position is based upon the testimony of a witness not identified at the start
of proceedings and the admission of past occurrences. This Board takes a
contrary view. In all aspects, we view the transcript of the trial to confirm
Claimant was provided with every procedural right. The evidence, without
contradiction, fully supports the Carrier's action. Considering the Claimant':
prior record of discipline, the decision to dismiss him cannot be said to be
harsh or aribtrary.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
BY
semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 4th day of May, 1983.