Award No. 10697
Docket No. CL-12974
NATIONAL RAILROAD ADJUSTMENT BOARD
Jerome A. Levinson, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-5045) that:
(a) The Carrier violated the Rules Agreement, effective May 1,
1942, except as amended, particularly Rules 6-A-1 (a) and 6-C-1 (a)
and (b), when it imposed discipline of dismissal from service upon
Edward H. Earl, Janitor, Court Street Station, Cincinnati, Ohio,
Buckeye Region.
(b) The discipline of suspension should be removed, and Mr.
Earl should be returned to service with all rights unimpaired and
be reimbursed for all monetary loss sustained, commencing November
2, 1959, and continuing until adjusted. (Docket 822)
OPINION OF BOARD:
Claimant was employed by Carrier as a Janitor
at Court Street Freight Station, Cincinnati, Ohio with tour of duty commencing at 8:00 P. M.; as such be acted as a watchman and in the course
of his work he punched time clocks. On November 1, 1959, after drinking at
a wedding in Kentucky and arriving home late, and after attempting unsuccessfully to reach the Freight Agent by telephone to report off, he reported
for work admittedly late and in an unfit condition. Carrier dismissed him
after trail, and adhered to the dismissal upon appeal.
Employes claimed that the discipline of dismissal was out of proportion
to the gravity of the offense; and that Claimant did not receive a fair and
impartial trial, reasonable advance notice thereof nor appropriate opportunity
to be represented, all contrary to Rules 6-A-1 (a) and 6-C-1 of the Agreement
between the parties.
~In view of Claimant's 17-year record of service with Carrier, apparently
with-out previous infraction noted in the record, the Board feels that the
discipline of dismissal was unreasonable and excessive for the offense involved,
and that Claimant should be restored to service with all rights unimpaired
but without monetary compensation. Accordingly, it is unnecessary to discuss
other points raised by the parties.
[4997
10697-2
500
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.