Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13213
Docket No. 13079
98-2-95-2-103
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(System Council No. 6
( International Brotherhood of Firemen and Oilers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake &
STATEMENT OF CLAIM:
"1. That under the current and controlling agreement, Firemen and
Oiler V. E. Cheeks, ID No. 626860 was unjustly dismissed from
service on September 26, 1994 by C. S. X. Plant Manager J. W.
Rhodenberry.
2. That accordingly, Firemen and Oiler V. E. Cheeks be restored to
his position with the C. S. X. Transportation, Inc. be made whole
for all lost time, with seniority rights unimpaired, vacation, health
and welfare, hospital and life insurance benefits be paid effective
September 26, 1994 the payment of 10% interest added thereto."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 13213
Page 2 Docket No. 13079
98-2-95-2-103
Parties to said dispute were given due notice of hearing thereon.
Claimant was dismissed from the service of the Carrier on September 26, 1994
as a result of a formal Investigation held on September 1, 1994. The Claimant was
found to be absent without permission from August 11 through August 19, 1994.
The transcript of the Investigation reveals that the Claimant asked in May of
1994 for time off to seek medical help for his problem. However, Claimant went to jail
until being released to the custody of a family member so that the Claimant could enter
a treatment center for drug abuse on July 14, 1994. On August 2, 1994, Claimant was
released from the treatment center after becoming involved with a female on the grounds
of the center.
Claimant did not return to work and when the Carrier found this out, the charges
which led to the dismissal were riled.
The Organization filed this claim on the basis the Carrier failed to meet its
burden
of
proof, and that the discipline was excessive and an abuse
of
managerial
discretion.
The record is clear that the Claimant was absent without authority. Claimant
had almost 14 years
of
service at the time of dismissal. This is the ninth disciplinary
action against the Claimant.
The record is void of any evidence to overturn the action of the Carrier.
AWARD
Claim denied.
Form 1 Award No. 13213
Page 3 Docket No. 13079
98-2-95-2-103
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 26th day of February 1998.