NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21110
Frederick R. Blackwell, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Robert W. Blanchette, Richard C. Bond and John H.
( McArthur, Trustees of the Property of
( Penn Central Transportation Company, Debtor
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of.
Railroad Signalmen on the Penn Central Transportation
Company (former New York Central Railroad Company-Lines West of Buffalo).
System Docket W-59
Southern Region - Cincinnati Division Case S-13-74
Appeal on behalf of G. T. Siler from
discipline of dismissal.
OPINION OF BOARD: The Claimant was discharged. on June 25, 1974 following
a June 21, 1974 hearing and findings of guilt on the
following written charges:
1. Absent from duty without permission at approximately
2:15 a.m. on June 14, 1974.
2. Unauthorized operation of company vehicle while on
duty, June 14, 1974.
3. Leaving the duties of your assignment as signal maintainer unprotected at approximately 2:15
1974.
The Claimant has acknowledged guilt of the charges, as is evidenced
by the following extract from his hearing testimony:
"Q. At what location did you report for this assignment?
A. Sharon Yards, Sharonville, Ohio.
Q. What were the assigned hours of this assignment?
A. 11:30 p.m. to 7:30 a.m.
Q. Did you complete your assignment?
A. No.
Q. Would you please state for the record why you failed to
complete your assignment?
A. I was arrested in Green Hills.
Award Number 21489 Page 2
Docket Number SG-21110
Q. At approximately what time were you arrested?
A. About 2:15 a.m.
Q. Is Green Hills part of your assigned territory?
A. No.
Q. At the time of your arrest were you in possession of a
company vehicle?
A. Yes.
Q. Were you also in possession of a company radio?
A. Yes.
Q. Did you return to duty at any time between 2:15 a.m.
and 7:30 a.m.?
A. No."
The foregoing testimony of the Claimant establishes beyond question
that he was guilty of two offenses, leaving his duty station without permission
and operating a company vehicle in an unauthorized manner. Each of these
offenses is serious in nature and when committed do combination, it cannot be
said under prior Board Awards that the penalty of permanent dismissal is excessive discipline. The C
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 aver the
dispute involved herein, and
That the Agreement was not violated.
A W A R D
Claim denied.
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NATIONAL RAILROAD ADJUSTb~BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of April 1977.