Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10904
SECOND DIVISION Docket No. 10928
2-SSR-F&O-'86
The Second Division consisted of the regular members and in
addition Referee Leonard K. Hall when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Seaboard System Railroad
Dispute: Claim of Employes:
2.
FINDINGS:
That under the current and controlling agreement, Laborer
Solomon Hart was unjustly dismissed from service of the
Seaboard System Railroad, Hamlet, North Carolina, on May
7, 1984.
The accordingly, Laborer Solomon Hart be restored to his
assignment at Hamlet Diesel Shop, Hamlet, North Carolina,
with all seniority rights unimpaired, vacation, health
and welfare benefits, hospital, life and dental insurance
premiums be paid and compensated for all lost time, effective June 11, 1984, and the payment of 10% interest
rate be added thereto.
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 in this case was absent from duty February 9, 1984 until he
reported for duty on May 9, 1984 after being off account illness and finally
completing the required medical release form.
He was accorded an Investigation on June 11, 1984 in connection with
Form 1 Award No. 10904
Page 2 Docket No. 10928
2-SSR-F&0-'86
his absence from duty. Thereat it was disclosed that after ten days from the
date of his absence starting February 9 he was sent a medical release form to
fill out and return. He made no attempt to furnish the form until March 20,
1984, even though having been contacted several times prior to that date to do
so. When he returned the report, it was incomplete and not accepted.
On May 9 the Claimant presented a completed form and therein it was reported that he had been released for return to duty on February 12, 1984. The
incomplete report handed in on March 20 did not bear the information that the
Claimant had been released to return to work on February 12, 1984.
The Investigation also disclosed that he was employed by another business establishment during the months of April and May.
As the Investigation was drawing to a close, his past record was reviewed in his presence.
On June 11, 1984 the Claimant was notified that he was dismissed account
guilty of desertion in that he remained absent from his assignment and worked
for another Employer. In the same Notice he was advised that his record of
previous handling and discipline had been ineffective in bringing about an
improvement in his attendance at work.
The Board finds that the Claimant received a fair and impartial Investigation; that he was not unjustly treated; that he was properly found at fault
and that the discipline was not too severe when all of the circumstances disclosed by the record are fully considered, including his past record of absenteeism. The Carrier's dismissal of the Claimant will not be reversed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
00
Nancy J. a -Executive Secretary
Dated at Chicago, Illinois this 25th day of June 1986.
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