Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10001
SECOND DIVISION Docket No. 9365
2-NRPC-FO-184
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer Gary Smertz was
unjustly dismissed from service of the Carrier following investigation
held on March 28, 1980.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Gary Smertz 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 [10%J 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 employes 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.
Following an investigative hearing conducted in a fair and proper manner, the
Claimant was dismissed from service on the charge of being "found in a restful
position asleep in car 2992 away from your assigned duties°.
The record leaves no doubt of proof of the charge. The Claimant had been in
service for only 61 days, but his obligations should have been clear to him to
remain in his work area (unless otherwise given specific permission) and certainly
to avoid going to sleep in a secluded area. Dismissal is not inappropriate under
such circumstances.
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Form 1 Award No. 10001
Page 2 Docket No. 9365
2-NRPC-FO-184
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 1st day of August 1984.