NA'CIONAL
3;AILROAU AUJUiTIdN:NT
BOARD
THIRD
DIVISION
Docket Number
MW-23379
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) Trackman W. L. Jackson shall be compensated for all wage loan
suffered beginning with November 2,
1978
and continuing until he is reinstated
and restored to service with seniority and all other rights unimpaired because
of the Carrier's failure to hold and conduct an investigation in compliance
with the procedural requirements of Rule 2, Sections l and 2 (System File
37-scL-77-x/12-39 (79-7) J1)."
OPINION OF HOARD: In this dispute the Board is faced with a scarcity of facts,
but an abundance of contentions and counter contentions.
It seems to be agreed that at the time of the occurrence giving
rise to the dispute, claimant was assigned to Carrier's Timbering Force
8490,
which was headquartered is camp care located at Douglas, Georgia; while in
the dining car on the evening of November 1,
1978,
s disagreement occurred
between the claimant sad the cook concerning the size of claimant's serving
of food (meat) is comparison to other members of the force. Apparently the
disagreement got rather hot, with profanity being used. The Foreman, who
was in the adjoining kitchen car, came into the dining car in an attempt to
quell the ruckus.
There is dispute between the parties as to what was said to the
claimant by the Foreman, the Organization contending that claimant was suspended
from the service by the Foreman, and was, therefore entitled to a disciplinary
hearing under Rule
39.
The (terrier contends that claimant wen instructed by the
Foreman to report to the Roadmaster; that he did not do so, and,, therefore, was
considered as having quit the services of the Carrier. The Carrier also contends
before the Board that if claimant felt that he was unjustly treated, he should
have requested a hearing under Section
5
of Rule
39.
The Organization contends
that Section
5
of Rule
39
was intended to deal with matters entirely different
from the kind involved herein; that under Section 1 of Rule
39
an employe who
has been in the service sixty calendar days or more will not be disciplined or
dismissed without a proper hearing as provided is Rule
39.
The Organization
also contends that the Roadmaster's~ofPice was located some thirty-five miles
away; that the Foreman did not furnish claimant transportation far the seventy
mile round trip to the Rosdmaster's office nor did he authorize payment or other
means of transportation in the absence of transportation being furnished.
Award Number
23350
Page
2
Docket Number
MW-23379
This Board has no way of reconciling the fundamental differences
as to what was said to the claimant by the Foreman during the discussion in
the dining car on November 1,
1978.
After careful consideration of the entire record before the Board,
it is our opinion that the ends of justice would be served by awarding that
claimant be given an opportunity to return to the service, with his seniority
and other rights unimpaired, but without compensation for time lost while
out of the service, provided that he reports within ten days from date of
notice sent to him by certified mail at his last known address.
FILINGS: 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 Employee involved in this dispute
are respectively Carrier and Employee 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
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
/ _ _
Dated at Chicago, Illinois, this 14th day of August 1y81.
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