Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10476
SECOND DIVISION Docket No. 9373
2-WP-FO-'85
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:
( The Western Pacific Railroad Company
Dispute: Claim of Employes:
1. That in violation of the curent (sic) agreement Firemen and Oiler G. F.
Garrett, was unjustly suspended on June 30, 1980, and dismissed from
the service of the Carrier on July 28, 1980.
2. That accordingly, the Carrier be ordered to make the aforementioned G.
F. Garrett, whole by restoring him to Carrier's service with seniority
rights unimpaired, plus restoration of all holidays, vacation, health
and welfare benefits, pass privileges and all other rights, benefits
and/or privileges that he is entitled to under rules, agreements,
custom or law and compensated for all lost wages. In addition to money
claimed herein, the Carrier shall pay the Claimant an additional amount
of 6% per annum compounded annually on the anniversary date of this
claim.
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.
The Claimant had voluntarily accepted an assessment for 45 days' disciplinary suspension for his share of responsibility of damage to two locomotives.
His suspension was from April 28 to June 11, 1980. He was specifically advised
to return to duty on June 12, 1980. He failed to report on this date, and he
made no contact with the Carrier until June 26, 1980, when he stated he was
unavailable to return to work.
Claimant was subject to an investigative hearing which fully substantiated
these facts and provided no explanation for his failure to report to work or
advise the Carrier for a period of 14 days.
Form 1 Award
No.
10476
Page 2 Locket
No.
9373
2-WP-FO-'85
As a result, the Carrier dismissed the Claimant from service. During his
brief employment, he had been subject to a 45-day suspension, referred to above,
as well as a previous 15-day disciplinary suspension. The failure to report for
work for an extended period was a serious offense, and the degree of penalty is
supported by his previous disciplinary record.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest-
Nancy J. ,p0e'r -Executive Secretary
Dated at Chicago, Illinois, this 17th day of July 1985.