NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number M'v1-23332
Josef P. Sirefman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) . The dismissal of Trackman-Driver C. H, Jackson for alleged violation
of Rules 176 and 177 was without just and sufficient cause and wholly disproportionate to the charge
(2) Trackman-Driver C, H. Jackson shall be reinstated with seniority
and all other rights unimpaired, his record be cleared and he be compensated for
all wage lose suffered,"
OPINION OF BOARD; Claimant Charles H. Jackson, Jr., a Trackman-Driver, Gang 321,
with four and one-half years service with the Carrier was
dismissed on March 8, 1979 for sleeping during a safety meeting that day is viola
tion of Rule 176 reading in part "Employes who are negligent or indifferent to
duty ...will not be retained in service", and in violation of Rule 177 which reads
in part "Employes must be alert, devote themselves exclusively to the service,
give their undivided attention to their duties during prescribed hours...".
An investigation was held on March 29, 1979. Examination of the record
before the Board establishes that the Carrier had good cause to conclude that
Claimant had been sleeping during the safety meeting on March 8, 1979, There was
substantial evidence to sustain the Carrier's decision to discipline Claimant.
The penalty of dismissal is too severe under the circumstances. On
March 29, 1979 the Carrier's Division Engineer wrote to the organization:
"In spite of the fact that Mr. Jackson went to sleep at the
previous safety meeting and that Mr. Jackson was discharged
on August 22, 1977, for going to sleep on a moving motor car,
I am willing to give him one more chance by reinstating him
to service on May 8, 1979, with all rights intact, but without pay for lost time. Please advise if t
Award Number
23361
Docket Number NW-23332
Page 2
This offer was rejected by Claimant. Accordingly it is our determination and we
so order that Claimant be restored to service without pay for the time he has been
out of service.
FINDIMS; 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 ADJUSTMF.Nf BOARD
By Order of Third Division
ATTEST;
Executive Secretary
Dated at Chicago, Illinois, this 14th day of August 19$1.
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