NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CLX-20295
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(REA Express, Inc.
STATEMENT OF CLAIM: Claim of the District Committee of the Brotherhood (Case
No, 184) that:
(1) The Agreement governing hours of service and working conditions was violated at Newark, N.J.
doing, acted unjustly, unfairly and unreasonably, and:
(2) Furthermore, the decision of dismissal was extremely harsh,
since the record of the investigation discloses that the claimant was severely
disciplined prior to the investigation, and:
(3) Claimant Horace Brown shall now be returned to service with
seniority unimpaired and compensated for all time lost.
OPINION OF BOARD: Claimant, an over-the-road driver was discharged on May
9, 1972 following investigation into charges contained in
a letter dated May 1, 1972, as follows:
"You are to report to the Line Haul Manager's office,
REA Express, 400 Delancy Street, Newark, N.J. at 10:00
A.M., Friday, May 5, 1972 for an investigation under
Rule 11-A of the Working Agreement.
You are charged with violation of Rule 870 of the General
Rules and Instructions which reads as follows:
'Rule 870: Vehiclemen must not allow any person,
other than assigned employes of the Company, to
ride on their vehicles except by specific permission of the Agent.'
Specifically, on Saturday, April 29, 1972, you were
dispatched to Temple Hills, Md. On arrival at that
terminal you were found to have an unauthorized passenger in your vehicle - Tractor No. 111013.
I call your attention to Section II, paragraph (g) of
Form 3200, 'Rules Governing Operators of Motor Vehicles'
which reads as follows: 'Allow no one to drive or ride
in vehicle assigned to you without proper authority.'
Award Number 20114 page 2
Docket Number CLX-20295
"You are being held out of service until the results of
the investigation can be determined.
You may be represented by a duly accredited representative."
The facts surrounding this claim are not in dispute. Claimant
admitted at the investigative hearing that he had transported in his truck
an unauthorized passenger on his run between Newark, New Jersey and Temple
Hills, Maryland on the night of April 29, 1972. The uncontroverted record
shows that he was removed from service by the Line Haul Manager in Temple
Hills, Maryland at 2:30 A.:f, on April 30 and told to get back to Newark,
New Jersey by his own devices as best he could. Accordingly, Claimant walked
and hitchhiked to Philadelphia, Pennsylvania, whence a relative transported
him to Newark where he arrived some thirty (30) hours later.
Petitioner contends that management by the above-described action
of the Line Haul Manager administered discipline without applying the proper
rules. Upon a careful review of the record and the applicable Agreement,
we find that the situation in which Claimant was placed by local management
on April 30, though deplorable, was not in and of itself discipline without
a hearing.
Petitioner further grounds its appeal of Claimant's discharge on
the premise that the quantum of punishment was harsh and unreasonable, particularly in light of Clai
Based on the entire record and considering all the circumstances
in the case, we find that Claimant received a fair and impartial investigation
and that he was subject to discipline; but we consider permanent dismissal to
be excessive in this case and hold that Claimant should be restored to service
with seniority and other rights unimpaired, but without pay for time lost
while 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 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
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Award Number 20114 Page 3
Docket Number CLX-20295
That the Agreement was violated.
A W A R D
Claim sustained to the extent and in the manner set forth in the
Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Executive Secretary
Dated at Chicago, Illinois, this 25th day of January 1974.