NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number NW-22441
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(New Orleans Public Belt Railroad
_STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Painter J. R. Pemington was arbitrary,
unreasonable, capricious and extremely disproportionate to the offense
with which charged (System File 013.7).
(2) Painter J. R. Pennington shall be reinstated to his
former position with full compensation for all time lost with seniority,
vacation, and insurance coverage and all other rights unimpaired."
OPINION OF BOARD: Claimant was dismissed for leaving the job site.
He had previously been cautioned that he would be
subject to discipline if he persisted in leaving the job without
permission.
At the hearing claimant recognized that he had violated the
rules. The record shows that he understood that compliance with the
Rule was required, and that he agreed to comply if. he were restored
to Carriers service. The Board is persuaded that claimant should
have the chance that he seeks. He clearly understands that Carrier
will again take disciplinary action if he continues to disregard
his obligations to adhere to the Riles.
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
over the dispute involved herein; and
Award Number 22361
Docket Number MW-22441
That claimant should be reinstated.
A W A R D
Carrier is directed to restore claimant to its service,
with full seniority, but without pay for time lost.
ATTEST:-j
Executive Secretary
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NATIONAL RAILROAD ADJUSTMENT BQARD
By Order of Third Division
Dated at Chicago, Illinois, this 30th day of March
1979.
