NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22265
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
( (Southern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Trackman Robert L. Jacobs because of
absences from duty on November 22, December 3 and 8, 1976 was without
just and sufficient cause and extremely disproportionate to the offense
with which charged jSystem File MG-1774/C(So)-D-397/.
(2) The claimant shall be restored to service with seniority,
vacation and all other rights unimpaired and he shall be paid for all
time lost as a consequence of the aforesaid dismissal."
OPINION OF BOARD: The operative facts in this case are not in dispute.
Claimant was admittedly absent from duty without
permission on the three (3) cited dates. Claimant had previously been
assessed a fifteen (15) day suspension for unauthorized absence. The
stated situation which existed in Award No. 14601 of this Division is
identical to what we find here. There we found that:
"* * * The gravamen of the claim rests on the
premise that the discipline assessed is excessive
and too severe. There are no allegations of procedural defects nor any denial of Claimant's guilt."
Given this factual situation and in view of our limited
function as an appellate forum in which we may not substitute our
judgment for that of the Carrier where the finding of guilty as
charged is supported by substantial evidence, we must conclude in this
instance that there is no justification to overturn the discipline
as assessed.
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;
Award Number 22226 Page 2
Docket Number MEd-22265
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
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL. RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 15th day of November
19,'8.
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