BROTHERHOOD OF RAILROAD AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the District Committee of the Brotherhood that:
OPINION OF BOARD: The claimant was dismissed from service after investigation upon charges of violation of Rule 825, requiring him to settle in full for collections at the close of each day's business, and abandoning a Company vehicle. The Organization contends that he should be exonerated because he suffered an attack of amnesia. Amnesia, like other physical or mental infirmities which cause or contribute to some improper action, does not exonerate one from responsibility for such action. At most it may be considered as a mitigating circumstance in assessing the penalty for such action. In fact one subject to attacks of amnesia may thereby be .undesirable as an employe, particularly in a position of responsibility.
Prior to his dismissal claimant held the position of driver. The doctor's certificate relative to his attack of amnesia stated, "I-believe he should return to work as a helper or assistant." The submission of the Organization stated in part, "The employes agree that management had the right to protect their interest and they could have done so by demoting this employe to a helper until such time as he had fully recovered." The management however did not do so and there is no evidence that a helper's position, as such, exists. Under all of the facts and circumstances of record we think the claim must be denied.