NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21724
Joseph A. Sickles, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of R. L. McMillen was without just and sufficient
cause and excessively disproportionate to the offense with which charged
/System File 1-12 (116)/D-105869 E-306-18/.
(2) Mr. R. L. McMillen shall be reinstated to service with seniority
and all other rights unimpaired and payment allowed for all time lost as a
result of said dismissal.
OPINION OF BOARD: Claimant was charged with making falze-reperts--in-connection with time she
Subsequent to investigation, Claimant was dismissed from service.
We have carefully reviewed the entire record, including the February 13, 1975 transcript of investig
substantive rights were violated. The record shows that Claimant had been
employed for about six (6) years at the time of the incident. Although he
was not a qualified foreman (having previously failed to qualify for the
position) he was instructed by the regular foreman to serve as foreman for
two (2) days.
On January 31, 1975, Claimant and the other members of "his" gang
left work nearly three (3) hours early, however, no effort was made to show
that this was reflected on the time sheets.
We do not
question that
disciplinary action was warranted, but
under the circumstances of this record, we feel that permanent dismissal
was excessive. Claimant shall be restored to service with seniority and
other rights unimpaired, but without pay for time lost while out of service.
FINDIMS: 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;
Award Number 21503 Page 2
Docket Number MW-21724
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the discipline imposed was excessive.
A W A R D
Claim sustained to the extent indicated in Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
A2_T$ST~_
Executive Secretary
Dated at Chicago, Illinois, this 15th day of April 1977.
