Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9526
SECOND DIVISION Docket No.
9545
2-CR-FO-183
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 Charles A. Nettles
was unjustly dismissed from service of the Carrier following trial held
on July
17, 1980.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Charles A. Nettles whole by restoring him to Carrier's service, with
seniority rights unimpaired, made whole for all vacati3n rights, holidays,
sick leave benefits, and all 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 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 Charles A. Nettles was employed as a Laborer at the Carrier's
Collingwood Diesel Terminal in Cleveland, Ohio. He was properly notified to report
for trial on July
17, 1980
concerning charges of being: out of his assigned work
area; insubordination to his immediate supervisor, and using of foul language to
his immediate supervisor, W. Hardy, on June 11,
1980
at approximately
6:30
A.M.
By Notice of Discipline, dated July 24, 1980 Mr. Nettles was info rme-d that
he was dismissed from the service of the Carrier. A claim was filed on behalf of:
Mr. Nettles; and it was properly and timely progressed to this Board.
Substantial evidence of record, including the testimony of both Foreman
Hardy and Foreman Matavovs$ky, supports the Carrier finding that Mr. Nettles
was out of his work area in street clothes, that he did not follow the directive
given him by Foreman Hardy to change back to his work clothes, and that he used
foul and abusive language to both Mr. Hardy and Mr. Matavovszky. The Carrier
F orm 1
Page 2
Award No. 9526
Docket No.
9545
2-CR-FO-183
reviewed Mr. Nettles' disciplinary record and considered the fact that Mr. Nettles
was an employe with two years of service in assessing the discipline it imposed.
However, we believe based on the narrow facts of thi; record that Mr. Nettles
should be given a final opportunity to prove that he values his job and that he
will protect his assignment faithfully and follow the directions of proper
authority. It should be made very clear to Mr. Nettles this is a last chance
opportunity for him. Mr. Nettles therefore is to be reinstated with all rights
unimpaired but without back pay or back benefits.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By-'L-
o
rie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of June, 1983.