NATIONAL RAILROAD* ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-23133
(Brotherhood of Maintenance of Way Employees
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
ST~'Nr OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Clyde L. Davis for alleged insubordination was
unwarranted and without just or sufficient cause (System File C#92/D-221$).
(2) Clyde L. Davis be reinstated with seniority, vacation and all
other rights unimpaired and be compensated for all wage loss suffered.
(3) Clyde L. Davis be allowed medical expenses incurred because of
the personal injury he suffered on May 3, 1978."
OPINION OF
BOARD: The Claimant herein, a section 7aborerp allegedly h=t
his hand in the performance of his duties on May 3, 1978. The
Carrier advises that Claimant's foreman told him that if he wanted to go to a
doctor, he should fill out a No. 171 Personal Injury Report. The Claimant did
not fill out the Personal Injury Report, but left his assignment at that time
without advising his supervisor and did not return. On May 18, 1978 a letter
was sent to Claimant by Carrier's Roadmaster:
"This to advise that you have been dismissed from
the services of the Chicago, Milwaukee, St. Paul
Pacific Railroad for being absent from work without
proper authority per Rule M-702 of the Operating
Rules for Employes in the Maintenance of Way and
Structures.
You will arrange to turn into Mr. V. E. Robinson,
Section Foreman, all railroad property presently
in your possession."
Rule 18(b) of the applicable collective bargaining Agreement provides:
Award Number
23079
Docket Number NT-23133
"An employe who has been disciplined or dismissed,
or who considcrs himself unjustly treated, shall
be given a fair and impartial hearing before the
officer designated by the Railroad Company to
handle such matters, provided that request for
hearing is made is writing to the Superintendent
within ten (10) days from the date of advice of
discipline or complaint. The hearing shall be
held within ten (10) days from date of request
for hearing and decision shall be rendered within
ten (10) days from date the hearing is completed."
No request was made by the Claimant for a
specified in the above rile.
Page 2
hearing within the time
As this is a discipline case, and was not handled in accordance with
Rule 18(b) of the applicable Agreement, the Board has no alternative but to
dismiss the claim.
FINDINGS; The Third Division of the Adjustment Boards 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 claim be dismissed.
Claim dismissed.
ATTEST:
~~; IYA.s~,/~
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 15th day of December 19800
