NATIONAL RAILROAD ADJUSTMENT BOARD
Jerome A. Levinson, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERICS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL-4991) that:
(a) Discipline of dismissal from service imposed on Felix S.
Varela, Trucker, 37th Street Station, New York, N. Y., New York
Region, be removed from his service record, and that
(b) Felix S. Varela be compensated in accordance with Rule
7-A-1(d) for all monetary loss sustained from December 4, 1959.
(Docket 810)
OPINION OF BOARD:
Claimant was employed by Carrier as an Extra
Freight Trucker, 37th Street Freight Station, New York, N.Y. About 1:00
P. M. October 5, 1959, he was ordered to report immediately to Pier 79, about
four blocks away and under the same jurisdiction, to complete his tour of
duty. He did not report there, but signed the time sheet for eight hours'
work. Carrier dismissed Claimant after trial on charges alleging both as
infractions, and adhered to the dismissal upon appeal. Claimant asserted
that while walking to Pier 79 he became ill. A stranger, who testified Claimant
seemed and looked sick, drove him home after stopping to ask him for directions. Claimant called to have the time sheet corrected the following day.
Employes claimed that the discipline of dismissal imposed was not
warranted even if he were guilty; and that he did not receive a fair and
impartial trial, contrary to Rule 0-A-1(a). As to the latter claim, the record
demonstrates reproachful conduct at the hearing by both parties, justifying
a limitation of the Board's determination to the claim that the discipline be
removed from Claimant's service record and that he be compensated monetarily.
(In view of the evidence disclosed by the record and Claimant's 4-year
r' d of service with Carrier apparently without infraction except one for
ecor
'
which he received a reprimand, the Board feels that the discipline of dismissal
was unreasonable and excessive for the offenses involved and that Claimant
should be restored to service with all rights unimpaired but without monetary
compensation.
[497]
10696-2
498
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act, as
approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That Claimant should be restored to service with all rights unimpaired
but without monetary compensation.
AWARD
Claim disposed of in accordance with the Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 19th day of July 1962.