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Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9789
SECOND DIVISION Docket No.
9577
2-D&RG-MA-'84
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award as rendered.
( International Association of Machinists and
Parties to Dispute: ( Aerospace Workers- A.F.L. - C. I. O.
( The Denver & Rio Grande Western Railroad Co.
Dispute: Claim of Frnployes:
1. That under the terms of the Agreement Richard A. Sabel was unjustly
dismissed from Service of the Denver and Rio Grande Western Railroad Company on
April 8, 1981.
2. That accordingly the Carrier be ordered to reinstate claimant to his
former position with all rights restored, including Seniority Rights unimpaired,
compensation for all time lost, and made whole for all other benefits, and
premiums from Carrier Service retroactive to April 8, 1981.
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 o f the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant R.A. Sabel is a Machinist in Carrier's employ at its Burnham Diesel
Shop in Denver, Colorado. On March 27, 1981, Carrier alleges that Claimant was
sleeping on duty in the cab of Locomotive 3324. A hearing into the matter was
held on April 1, 1981. A transcript of that hearing was made a part o f the :record
of this case. A review of the record reveals that Claimant was sleeping on duty
and that he received a full and fair hearing into the matter.
This Board is fully aware that it has no authority to substitute its
judgment for that of Carrier in discipline cases. It does have authority to
review records and take into account the mitigating circumstances of each cage.
In the instant case, it is this Board's opinion that as a long service employe,
Claimant should be granted one last chance to mend his ways and become a worthwhile,
productive employe. He must realize that in order to keep his job, he must ,show
up at work on time and on a regular basis. Any future infractions of the rules
will most assuredly lead to Claimant's permanent dismissal from Carrier's
Service.
Form 1
Page 2
Award
No.
9789
Docket
No. 9577
2-D&RG-MA-'84
This Board will reduce Claimant's dismissal to a suspension of time served.
A W A R D
Claimant shall be returned to work with seniority intact but without pay
for lost time or benefits.
Attest: I~
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy
- Executive Secretary
Dated at Chicago, Illinois, this 29th day of February,
1984