Award No. 19161
Docket No. CL-19481
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
William M. Edgett, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND
STEAMSHIP CLERKS, FREIGHT HANDLERS,
EXPRESS AND STATION EMPLOYES
ST- LOUIS-SAN FRANCISCO RAILWAY COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7018) that:
(1) Carrier violated the terms of the Agreements between the
parties at Springfield, Missouri when it arbitrarily, capriciously and
discriminately dismissed from its service Diesel Clerk Van 77. Elting
on February 17, 11171 without proper ,justification.
(2) Carrier shall now return to its service Mr. Van H. Elting
with pay for all time lost and with all other rights unimpaired, to also
include any expenditures made my claimant for adequate insurance
coverage for himself and his family, plus eight percent (8%) interest
on all losses sustained due to the action of the Carrier to include all
wage increases.
(3) Carrier shall compensate Mr. Elting for a day's pay on each
and every work day at the established rate of pay of his position of
Diesel Clerk to inchppe all subsequent wage increases and other benefits, beginning February 17, 1971 as reflected by the Carrier"s payroll
and other records, including any overtime to which he may have been
entitled to work had he not been dismissed from service.
OPINION OF BOARD:
Claimant was dismissed from Carrier's service
after an investigation in which he admitted that he left his position uncovered
on several occasions. The Board has held in a number or cases that unless
Carrier is shown to have acted in an arbitrarily, capricious or discriminatory
manner. amounting to an abuse of discretion, its action will not be disturbed
by the Board. In applying that principle the Board has also held that the
degree of discipline must be reasonably related to the proven offense.
Hhile an eiuploye is responsible for covering his position, and failure to
do so may justifiably result in discipline, including discharge, the Board holds,
based on the entire record in this case, including the facts offered in mitigation, that the penalty of discharge ivas not reasonably related to the proven
offense.
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 rcspectively 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 the Agreement was violated as discussed in the Opinion.
AWARD
Claim sustained as to Part (1~, Claim denied as to Parts (2) and (3).
Carrier shall return Claimant to its sarvice without pay for time lost.
NATIONAL. RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 28th day of April 1972.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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