NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22450
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO 'DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the.Brotherhood
that:
(1) The dismissal of Trackman Perry L. Price was without
just and sufficient cause; was grossly disproportionate to the offense
with which charged; was an arbitrary and capricious exercise of
discretion by the Carrier and, as a consequence of the foregoing
(2) The claimant shall be restored to service with seniority,
vacation and all other rights unimpaired and he shall be reimbursed
for monetary loss suffered as stipulated within Rule 48(e) LSystem
File BALT-E-109/2 MG-1708."
OPINION OF BOARD: Claimant was dismissed for excessive absence.
While he had been warned and counseled that he
was required to correct his unsatisfactory attendance record, he had
not received other disciplinary measures prior to his dismissal.
The Board finds that given all the facts and circumstances
of this case the discipline imposed by Carrier was excessive.
Claimant should be restored to Carrier's service, but without pay
for time lost.
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 22362 Page 2
Docket Number MW-22450
That claimant should be reinstated.
A W A R D
Carrier is directed to reinstate claimant with full seniority,
but without pay for time lost.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
4:9&1
Dated at Chicago, Illinois, this 30th day of March
1979.
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