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.
Parties to said dispute waived right of appearance at hearing thereon.
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.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 8th day of January 1992.