NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22884
Rodney E. Dennis, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8770)
that:
1. The, Carrier violated the effective Clerks' Agreement, when,
following an investigation on February 28, 1978, it dismissed Ms. Yolanda
Varela from service effective March 3, 1978.
2. The Carrier shall now reinstate Ms. Varela to service, with
her seniority and all other rights unimpaired, including payment of her
premiums under Travelers Policy GA-23000; shall compensate her for all time
lost as a result of this dismissal from service and shall clear her record
of the charge placed against her.
OPINION OF BOARD: Claimant was employed by the Belt Railway Company as
a yard clerk in carrier's Clearing Yard in Chicago,
Illinois. On September 15, 1969, she held a regular relief position at
this location. On Tuesday, February 21, 1978, claimant failed to report
for her scheduled assignment on the middle trick in the East Yard office.
She did not report off and could not be contacted by the chief clerk.
On February 28, 1978, a formal investigation was held to determine
the facts and claimant's responsibility in the matter. The transcript of
that hearing is a part of the record before the Board. At the conclusion
of the hearing, carrier notified claimant that her service had been
terminated for violation of Rule H.
This Board has reviewed the record of this case and has concluded that none of claimant's substa
It is a well-accepted rule in the railroad industry, as well as
in all other industries, that employes must report for work on a regular
basis. It is also a universally accepted principle of labor relations
that discipline should be corrective and not punitive. After a careful
review of the record of this case, it is this Board's considered ju-agment
Award Number 22833 Page 2
Docket Number CL-22884
that the penalty imposed by carrier to this point has served its purpose
and that claimant should be reinstated to her former position. In making
this decision, this Board has taken into account claimant's unblemished
work record during her first seven years of employment. This is not to
say, however, that claimant's record more recently has been a good one
and that she should not be severely reprimanded for it. Claimant in this
case should consider this award as a "last chance" and should, in the
future, make every effort to be an exemplary employe. This Board will not
in any future proceedings, for whatever reason, be as considerate of the
organization's position as it now is. Claimant should clearly understand
that her record must be unblemished if she wishes to work for carrier and
receive the benefits of continued employment.
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
That the discipline was excessive.
A W A R D
Claimant's discharge shall be reduced to a suspension without pay
or benefits, but without loss of seniority.
NATIONAL RAILROAD AD,WSTMENT BOARD
By Order of Third Division
ATTEST:~
~~
Executive Secretary
Dated at Chicago, Illinois, this 16th day of May 1980.