NATIONAL RAILROAD ADJUSTS BOARD
TIHIRD DIVISION Docket Number CL-21225
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Florida East Coast Railway Company
STATEMENT OF CLADT: Claim of the System Committee of the Brotherhood
(GL-7939) that:
(1) Carrier acted arbitrarily, capriciously and in a harsh and
discriminatory manner when it cismissed from its service, Clerk E. C. Paulson.
(2) That E. C. Paulson shall be reinstated with seniority and
all rights unimpaired and reimbursed at the rate of his position, including
subsequent wage increases applicable to his position each day that he is
suspended from service.
(3) Carrier shall pay Clerk E. C. Paulson eight and one-half
percent on the amount remaining unpaid from time to time as a result of
wrong dismissal from service.
OPINION OF
BOARD: Claimant
was notified, on November 26, 1974, to
report for investigation for habitually reporting
late for his assignment. Subsequent to investigation, Claimant was
assessed twenty (20) demerits. On December 4, 1974, Claimant was charged
with having accumulated "ninety (90) or more" demerits, and was instructed
to report for investigation on said charge.
On December
6,
1974, Claimant was removed from service.
The record establishes that Claimant did accumulate in excess
of ninety (90) demerits, and was subject to removal from service under
the provisions of "Circular No. 1."
The demerit system of discipline has existed on this property
for a number of years, and this Board, as well as Public Law Boards, has
upheld disciplinary action imposed under that system. See, among others,
Award 1087'7 and First Division sward 20526.
We do not minimize the serious obligations of employes to assure
that they report promptly for their duty assignments. Habitual tardiness
may very well result in a justified termination of employment. However,
our thorough review of the entire record in this dispute leads us to conclude that a termination was
Award Number 20987
Docket Number CL-21225
Page 2
arbitrary. We rill restore Claimant to service, with seniority and other
rights unimpaired, but without reimbursement for compensation lost.
FIPDIROS: 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
That the Agreement was violated.
above.
Claim sustained
to the extent stated in the Opinion of the Board,
NATIONAL RAILROAD ADJUSTKRr BOARD
By Order of Third Division
i
ATTEST:.-J1AV,
A/ieZa ~
Dated at Chicago, Illinois, this 27th day of February 1976,
