RATIONAL RAILROAD ADJIS WENT BOARD
THIRD DIVISION Docket Number
MW-21497
John H. Dorsey, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Texas and Pacific Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman Lionel Hardison on June 1,
1974
was without Just and sufficient cause and wholly disproportionate to the
offense with
which charged
(System File K
247-5156).
(2) Claimant Hardison shall be reinstated to service with
seniority, vacation and all other rights unimpaired and with pay for all
time lost.
OPINION 0F BOARD: Claimant was afforded due process.
The record contains substantial evidence of probative value that
Claimant was guilty of the offense of long and persistent absenef from duty
notwithstanding that he had been warned that his continuance of
such
con,
duct would result in his dismissal from service.
The dismissal of Claimant, by Carrier, on June 1,
1974,
was pot
an excessive imposition of discipline.
FINDINOB: 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 not violated.
A W A R D
Claim denied.
RATICRAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST.
Executive Secretary
Dated at Chicago, Illinois, this 12th day of November 1976.