NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22035
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Special Equipment Operator R. A. Cordova
by Rmadmaster D. R. Hall at 1:00 P.M. on March 1, 1976 was without just
and sufficient cause and on the basis of charges which were not proven
at the investigation held on March 19, 1976 (System File A-9473).
(2) Claimant Cordova shall now be allowed the benefits
prescribed in Agreement Rule 9(c).
OPINION OF BOARD: The Roadmaster went to the job site and advised
the Claimant Cordova that his expense reports were
not in line. The parties argued aver obtaining receipts for the meals
and one word lead to another and subsequently the Claimant was terminated.
At the hearing, testimony was taken concerning daily expenses
and the record keeping for the expenses. However, the following critical
testimony is important to this case:
Q. Mr. Hall, I would like for you to tell me for what
specific reason you fired Mr. Cordova.
A. He has a smart attitude and has problems with the
foremen that work with him over going to eat. He
doesn't take a noon meal, he goes to the switch
where there is a town close to go eat.
A. The main reason I fired him was his calling me a
horse's ass.
The record indicates that the Claimant was terminated March 1,
1976, and was returned to service by the Carrier March 29, 1976.
The record indicates that some discipline is warranted, but
the discipline which was actually assessed by the Carrier is excessive.
Award Number 21829 Page 2
Docket Number MW-22035
It is held that the Carrier should compensate the Claimant
for all time lost in excess of 15 days.
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 discipline was excessive.
A W A R D r'
r;
Claim sustained as indicated in the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ~
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ry
Dated at Chicago, Illinois, this 6th day of January 1978.