NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number NW-21982
Dana E. Eischen, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Alton & Southern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Truck Driver Clarence Wade was unwarranted and without just and sufficient
(2) Truck Driver Clarence Wade be reinstated with seniority,
vacation and all other rights unimpaired and he be compensated for all
wage loss suffered.
OPINION OF BOARD: Claimant was discharged following a hearing into
charges contained in a Notice dated January 9, 1976
and reading in pertinent part as follows:
"Arrange to report to the Conference Room, First Floor,
General Office Building, The Alton & Southern Railway
Company, 1000 South 22nd Street, East St. Louis, Illinois
at 10:00 a.m. January 15, 1976 for formal investigation
to develop the facts and place your responsibility, if
any, in connection with your failure to comply with
instructions given you by Superintendent W. B. Needham,
January 7, 1976 to return to work at 12 midnight that
date and absenting yourself from your assignment without
proper authority January 9, 1976."
Upon thorough review of the record we find more than substantial evidence to support a finding t
charged. The record is clear that after telling Carrier's Superintendent
Needham that he would return to work at Midnight on January 7, 1976
Claimant did fail to return to his assignment. We also find from the
record that Claimant failed to report for his assignment on January 9,
1976 and did not have proper authority to be absent.
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Award Number 22002 Page 2
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='.~ Docket Number MW-21982
Considering the quantum of discipline assessed Claimant,
permanent dismissal from service, we find that Claimant had previously
been disciplined through the serving of an actual 30 day suspension
for leaving his assignment without permission. While this claim was
being progressed on the property, Carrier offered to reinstate Claimant
without pay for time lost; provided Claimant would report to the
Superintendent and express a willingness to protect his assignment in
the future and to also obey the instructions of his supervisor.
Claimant rejected this offer for reasons known only to himself. Had
Claimant accepted the offer of reinstatement at the time it was made
he could have avoided further loss of pay.
Upon consideration of the entire record we conclude that
Claimant should be given another opportunity to prove his interest and
ability in being a dependable employe. Accordingly, we order that he
be reinstated to service without pay for time lost. We would be remiss,
however, if we did not place Claimant on express notice that if he
desires to retain his job with Carrier future conduct of the type for
which he was discharged in this case cannot be tolerated.
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 should be modified as indicated in the
Opinion.
A W A R D
Claim sustained to the extent indicated in the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
a"W,
S.Xgmt~
Executive Secretary
Dated at Chicago, Illinois, this 14th day of Aril
197$.