NATIONAL RAILRAOD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21006
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline & Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Kentucky & Indiana Terminal Railroad Company
STATEMENT OF CLAIM: Claim of the Committee of the Brotherhood (GL-7760)
that:
1. Carrier violated the Agreement when, without just cause,
it dismissed from service Route, Bill & Utility Clerk Kirby Emmert,
effective Tuesday, December 18, 1973.
2. As a consequence Carrier shall:
(a) Promptly restore Mr. Emmert to duty with seniority,
vacation and other rights unimpaired.
(b) Pay Mr. Emmert the amount of wages he would have
earned absent the violative act, less outside
earnings.
(c) Pay Mr. Emmert any amount he incurred for medical
or surgical expense for himself or dependents to
the extent that such payments would have been paid
by Travelers Insurance Company under Group Policy
No. GA-23000 and, in event of the death of Mr.
Emmert, pay his estate the amount of life insurance
provided for under said policy. In addition, reimburse him for premium payments he may have made in
the purchase of substitute health, welfare and life
insurance.
(d) Pay Mr. Emmert interest at the statutory rate for
the State of Kentucky for any amounts due under
(b) thereof.
OPINION OF BOARD: This is a disciplinary dispute in which Claimant was
discharged. On Tuesday, December 11, 1973, Claimant
did not report for his regular assignment as Bill and Utility Clerk,
hours of 11:00 P.M. to 7:00 A.M. He contacted a Carrier official at
about 1:30 P.M. the next day and gave as his reason for not reporting
the previous night as automobile trouble. The record indicates that he
walked back home after the automobile problem arriving at about 3:00 A.M.
He claims that his first (and unsuccessful) effort to contact Carrier
was between 6:15 and 6:40 A.M.
Award Number 20997 Page 2
Docket Number CL-21006
Petitioner in its submission to this Board and on the property first alleges that Claimant's gui
he was deprived of a fair and impartial investigation by virtue of his
prior service record being introduced and appended as an exhibit at the
close of the investigation. This action is also termed "double jeopardy" by Petitioner. First it is
object to the introduction of the past record at the time of its introduction. More importantly, the
record at the investigation does not, per se, impair the fairness and
impartiality of the investigation, nor does such introduction constitute "double jeopardy". So long
independently and the prior record is used only to assist in the determination of the quantum of dis
impaired.
Petitioner argues that Claimant was disciplined for an
occurrence over which he had no control. Additionally, it is contended that the discipline imposed w
an incident over which Claimant had no control, we concur with Carrier's reasoning that Claimant cou
to his superior (see Awards 16847 and 12492).
Petitioner's contention that the discipline imposed was
arbitrary and excessive is not persuasive. First, many awards of
this Board have held that unauthorized absence from work is a dismissable offense in itself. Finally
times, five of which were for the same offense as that herein. It
is clear that Carrier's actions under these circumstances cannot be
considered arbitrary or unwarranted. The Claim will be denied.
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
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Agreement was not violated.
Award Number 20997 Page 3
Docket Number CL-21006
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
dAzdaonw
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 12th day of March 1976.
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