F orm 1 NATIONAL RAIIR CAD ADJUSTMENT BOARD Award No. 9525
SECOND DIVISION Docket No. 95+x+
2-CR-FO-'83
The Second Division consisted of the regular members and in
addition Referee David P. Twomey 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 R. Dollney was
unjustly dismissed from service of the Carrier following trial held in
absentia on July
16,
1980.
2. That, accordingly, the Carrier be ordered to make the aforementioned
R. Dollney 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 (1W 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.
The Claimant, Mr. Raymond R. Dollney, was employed as a Laborer at the
Carrier's Collinwood Diesel Terminal, Collinwood, Ohio. Mr. Dollney had not
performed any service for the Carrier since March 26, 1980. As a result the Shop
Manager sent Claimant a letter dated June 9, 1980 informing him to arrange to
take a medical examination on June 16, 1980, and further, if there was some reason
that he could not take the physical, he was to notify the Shop Manager of the
reason and arrange for a date and time for rescheduling the examination.
Mr. Dollney did not report for the medical examination; and he neither gave
any reason for his absence nor arranged for a date and time for rescheduling the
medical examination. Inquiry to his personal physician revealed he had been
released for return to work on March 25, 1980, after having a foreign object
removed from his eye. As a result, Mr. Dollney was sent a Notice of Trial, dated.
July 2, 1980, informing him to arrange to attend a Trial on July
16,
1980, in
connection with the following charge:
F orm 1
Page 2
Award No. 9525
Docket No.
9544
2-CR-FO-183
"Failure to comply with letter of instructions issued by
Shop Manager on June 9, 1980 directing you to report to
Dr. Abello's office on June
16,
1980 at 11:15 A.M."
After a delay the trial was held on the day scheduled in absentia since Mr.
Dollney did not request a postponement, and did not appear at the scheduled time.
Following the trial, Mr. Dollney was sent Notice of Discipline, informing him that
he had been assessed the discipline of "Dismissal in all capacities".
We have reviewed the record in this case and conclude that the Carrier was
fully justified in dismissing Mr. Dolleny in all capacities as a result of the
trial conducted on July
16,
1980. The claim is denied.
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
.os arie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of June, 1983.