NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19894
C, Robert Roadley, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The disqualification and subsequent termination of employment
of B&B Foreman J. S. Ward was without just and sufficient cause (System File
A-9359 F-11840).
(2) B&B Foreman J. S, Ward be returned to service with all rights
unimpaired and that he be compensated for all wage loss suffered all in accordance with Rule 1 (d) o
OPINION OF BOARD: Claimant was removed from service as 8&B Foreman on December
26, 1971, as a result of his actions on December 23, 1971,
because he allegedly "left his job without proper authority". At the same time
he was informed that he could return to his former position of carpenter.
Claimant did not report for work as carpenter but requested a hearing
under Section (b), Rule 1, Article IV. Hearing was conducted on January 11,
1972, a transcript of which has been made a part of the Record. On January 21,
1972, he was advised:
"This is to advise you that, as a result of the
hearing held on January 11, 1972 to develop the facts for
your being removed as foreman on B&B Gang 4 account allegedly
leaving your job without authority and allowing your entire
gang to leave the job without authority on Friday, December
24, 1971, you are hereby removed as foreman of B&B Gang No. 4,"
Also, on January 29, 1972, claimant was advised:
"You have been absent from your job without authority
and this absenteeism consists of more than 29 days,
"You have not applied for a leave of absence in line with
the agreement. Therefore, I must advise you that your employment with the Frisco Railroad is termina
closed,"
Award Number 19733 Page 2
Docket Number MW-19894
From our review of the transcript of the hearing, we find that Carrier was justified in removing cla
clearly did not meet his responsibility as a foreman.
The matter of claimant's termination on January 29, 1972, for being
absent without authority and not having applied for a leave of absence gives
us concern. There was nothing contained in Carrier's notice of January 21,
1972, to claimant about returning to work as carpenter. In the hearing conducted on January 11, 1972
foreman's seniority rights and go back to working in the gang. In its submission the Petitioner cont
work as a carpenter while pursuing his grievance under the grievance procedure
and that claimant's decision not to accept the discipline can have no effect
upon his employment relationship until it has been decided whether the discipline
was warranted.
The Carrier has cited no Agreement rule under which claimant was required to return to work as carpe
therefore, that claimant's termination on January 29, 1972, was improper. It
is clear, however, that claimant's not working as carpenter since his removal
as foreman was of his own volition. We award, therefore, that claimant be
restored to the seniority rights held by him as carpenter prior to January
29, 1972, but without any compensation for time out of service.
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 Employee 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 to the extent shown in Opinion.
A W A R D
Claim sustained to the extent indicated in the Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1973.
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