NATION RAILROAD ADJOS'aMNT BOARD
THIRD DIVIUO! Docket Number CL-19792
(Brotherhood of Railway, Airline and Steamship Clerks
PARTIES TO DISPUTE:
(Norfolk and Westerrr Bailway Company
STATEMENT Of CLAIM: Claim of the System Committee of the Brotherhood (GL-7157)
that:
1. Carrier abused sound discretion when on October 22, 1970, i+
arbitrarily, capriciously and without just and sufficient cause, dismissed Mr,
R. L. Washington, Trucker-Cleaner, Roanoke Passenger Station, Roanoke, Virginia,
from its service following investigation held 2:00 P.M. on Monday, October 5,
1970.
2. Mr. R. L. Washington shall be restored to service with seniority
and all other rights unimpaired.
3. Mr. R. L. Washington shall be compensated for all wage loss sustained by him until he is rest
OPINION CF BOARD: Claimant vas initially employed by the Carrier as a trucker
cleaner at. its Roanoke, Virginia Passenger Station on March
25, 1943.
On September
30,
1970, in the same position, he was scheduled to re
port
for duty at
3
PM.' He did not report for duty and bad not previously se
cured permission to be absent. Following a formal investigation on October 5,
1970, he was dismissed from service, for failure to protect his assignment.
The record of the hearing indicates that it was fairly and properly
held; Claimant readily admitted that he had "made a mistake" in not securing
prior permission to absent himself. The hearing record also shows that the
Carrier secured a replacement within twenty minutes and suffered no inconvenience or extra expanse b
estoppel, by virtue of a leniency plea, raised by the Carrier we find to be
without merit.
The sole issue we mist deal with concerns the appropriateness of
the penalty imposed by Carrier. The record indicates two prior infractions
in the course of the twenty-seven year service by Claimant: a record suspension of ten days dated Oc
days dated flay 13, 1970. Both of these cases were also for failure to protect
his assignment. The second offense disciplinary notice to Claimant among
other matters stated: "A third offense of such a nature will result in
dismissal".
Award lumber 19537 Pace 2
Docket Number CL-19792
Discipline generally has three goals: punishment of an employta,
correction and training of the employee, and as an example for training purposes for other employees
16065)
that discipline should not be primarily punitive. Without condoning absana
teeiam, and being aware of the Claimant's past infractions, we find that the
discipline imposed was harsh and unreasonable. Surely three days of improper
absenteeism in twenty-seven years does not warrant dismissal. We shall
reinstate Claimant with all rights unimpaired, but without back pay.
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 Employee 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 hernia; and
That the discipline imposed vas excessive.
A W A H D
Claim sustained in part: Claimant
shall
be restored to service
with seniority and otter rights mixpaired, but without pay for tine lost
while out of service.
NATIOUL RAILROAD AWW=W BOARD
HT Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 20th day of December 1972.