Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12229
SECOND DIVISION Docket No. 12002
92-2-90-2-135
The Second Division consisted of the regular members and in
addition Referee Robert 0. Harris when award was rendered.
(Sheet Metal Workers' International Association
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company

STATEMENT OF CLAIM:

1. That under the Current agreement, Foundryman B. L. Cunningham was unjustly discharged from service on April 12, 1990.

2. That accordingly, the Carrier be required to reinstate the aforenamed employee to service with all rights unimpaired, including seniority, vacation, health and welfare benefits, life insurance, and that he be made whole for all time lost.

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.



Claimant failed to complete the work of preparing one steel pouring ladle for preheating and to completely prepare a second ladle during his work shift. The Carrier witnesses indicated that it takes approximately three hours to completely prepare a ladle and that Claimant did not complete the work assigned him in seven hours. Claimant was found to be derelict in his duties and was dismissed from service April 12, 1990.

Claimant was hired April 3, 1989. He was counseled concerning his duties on August 2, 1989, September 8, 1989 and October 19, 1989. On December 12, 1989, he waived formal investigation concerning the duties of ladle preparation and accepted a three-year probation to maintain satisfactory performance.
Form 1 Award No. 12229
Page 2 Docket No. 12002
92-2-90-2-135
The only question in this case is whether the discharge was too
severe a penalty. The Board finds that it was too severe, since the Carrier
knew early in the day that Claimant was not completing the scheduled work in a
timely fashion. It should have warned him of the consequences of his non-com
pletion of the work. Accordingly, Claimant will be given one final chance to
perform his trade. He will be reinstated with seniority and all other bene
fits unimpaired, but without compensation for time lost.








Attest:
        Nancy ever - Executive Secretary


Dated at Chicago, Illinois, this 8th day of January 1992.