NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19569

THIRD DIVISION Docket Number MW-19821

Frederick R. Blackwell, Referee
(Brotherhood of Maintenance of Way Employes
^'0 PARTIES TO DISPUTE


(Louisville and Nashville Railroad Company

Statement of Claim : Claim of the System Committee of the Brotherhood that:

(1) Track Re?nirnan Michael L. Young was unjustly dismissed from `nr~ice (by 1'~ttrc dated October 11, 1971) for allegedly "walking off the job -9-c~:..~ Octob^r R, 7.971" (System File 1-12/D-103798E-30618).

(2) Track Repairman Michael L. Young be reinstated with all rights unimpaired and that he be compensated for all wage loss suffered all in accorde^-ce with Rule 27(f).
n~T~"r,T OF'. f~'.T;7: This is a discipline case arising under Agreement between
the parties effective May 1, 1960. The claimant was dis
-i~cr0 for nlle~edly "wal :i ng off the job on Friday, October 3, 1^71."

There is considerable discussion in the record as to whether claimant was uismisccd by his fore-nn or by the Division Engineer, but eye do not consider r1-^_ issue i.-.,ortant. The fact remains that claimant was terminated. In passing, 1·.c--c·,·cr, it would appear that if the Division Engineer actually dicmisocd tL=n he (tie Division Engineer) would have notified the clainant to that effect:.

We have reviewed the entire record, including the transcript of the investigation conducted en October 25, 1971. It appears that claimant may have h.~d a lc7it`n=to r_;;cuse for going home shortly after noon cn October 8, 1971, tint is, th,2 illness of his daughter and the matter of trking her to see a
-. Kovc·rer, he should have reported to the foremen before actually leaving
'~'1· n n -n..

While the clairant had short service with the Carrier, and that service ray rot have been entirely satisfactory, at the same tine permanent dismissal under the :ircimotances ,.s developed in the record, was excessive. We drill award t'·at cloi-.ant be restores to service with seniority and other rights unimpaired, btit withcAt rag. for time lost o:hile out of service.

h::ard Number 19569 Page 2

r:,~':c';: J:uster MW-19821

F'M7~I7"%.^.: Thn r:::rd ~i~:,:ic-?. of the !.djv.;t-_^nt Pcard, upon ;..he whole record and n11 :.he rrv' -.tec, find.^. and holds:

That the rarA,icf^, ,-ivcd oral hcarin;

T!:_^.t the Cerri.c^ -rd the r~loyes involved in this dispute are

ren, cc's=·.·My Ca-r;.er end ~'.~_~lnycs within the rsaning of the Railtay Labo -.-,..~.-c,l .T: . _ 21, 1^~ : ;

innt this Dir3sion of the l,djust=r2t Board bas jurisdiction over the

c?isr·,_A.c involr;.;?ierein; ^n:t

That the discipline imposed was excessive.

n e7 r. a D

Claim sustained to the extent indicated in Opinion and Findings.

YATZCNU. E.I=C:4nr:~,;sT:: -z r.:_^sm

By Order of ::gird. Di ai.ca

D-tcd ,et Chic^Zo, Illi.::c:.:, ":;,t ; 30th day o° Ja.-uiary 1973.