PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES


DULUTH, MISSABE AND IRON RANGE RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6678) that:




OPINION OF BOARD: Following investigation Claimant was suspended from service for a period of 60 days account absenting himself from duty without leave. During the course of the investigation he stated it was his opinion that he had the responsibility to give himself permission to be absent because he was supervisor of the scales and that such pract;ce had existed for some time past. He further stated that he had not been delegated such responsibility or authority by any supervisor under whose jurisdiction he was employed, nor had he ever been denied such authority.


To permit employes to absent themselves from duty on their own authority could result in nothing but confusion and chaos and would have a demoralizing effect. While we do not condone the actions of Claimant we do find that in view of his more than 20 years of service, without prior record of discip!:ne, that Carrier's action was arbitrary and in abuse of discretion. Under all of the circumstances of this part'cular case we feel that a suspension of 15 days is in keeping with the gravity of the offense. The discipli·,e assessed is found to be excessive and should be reduced to 15 days enspe·n~inn. Claimant's record should be corrected accordingly and he should be compensated for any earnings lost following the expiration of the 15 days suspension.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


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









Dated at Chicago, Illinois, this 17th day of July 1970.

Keenan Printing Co., Chicago, 111. Printed in U. S. A.
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