NATIONAL RAILROAD ADJUSTMBNT BOARD
THIRD DIVISION Docket Number CL-23257
Josef P. Sirefman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE.
(Norfolk, Franklin & Danville Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8933)
that:
1. Carrier acted in an arbitrary, capriciousp unjust and discriminatory manner when, without jus
S. A. Black, West Norfolk, Virginia, from service of the Carrier on March 5,
1979.
2. In view of such arbitrary, capricious, unjust and discriminatory
action, Carrier shall now be required to:
(a) Restore Agent-Operator S. A. Black to service of
the carrier with
all
seniority, vacation and other
rights unimpaired.
(b) Compensate Agent-Operator S. A. Black for all time
lost commencing with March
5,
1979 and continuing
until Agent-Operator S. A. Black is restored to
service, less outside earnings.
(c) Pay Agent Operator S. A. Black any amount he incurred
for medical or surgical expenses for himself or
dependents to the extant that such payments would have
been paid by Travelers Insurance Company under Group
Policy GA-23000, and in the event of death of AgentOperator S. A. Black, the amount of life insuranc
provided for under said policy, in addition, reimburse
him for premitmm payments he may have made in the
provision of substitute health, welfare and life
insurance.
(d) Pay Agent-Operator S. A. Black any amount he incurred
for dental expenses for himself or dependents to the
extent that such payments would have been paid by
Aetna Life and Casualty Company under Group Policy
GA-1200, and in addition, reimburse him for premium
payments he may have made in the provision of substitute
dental insurance.
Award Number 23474 Page 2
Docket Number CL-?3257
(e) Pay Agent-Operator S. A. Black interest at the rate
' of eighteen (18) percent compounded annually on the
anniversary on the claim for amounts due in Item
2(b) supra.
OPINION OF BOARD: Claimant Samuel A. Black, Agent-Operator, was served with a
notice of investigation charging that he had been on paid
sick leave for a significant period of time when he was physically capable of
working, in violation of various rules and a Sick Leave Allowance agreement. The
investigation was held on February 23, 1979 and Claimant was sent a letter of
dismissal on March 5, 1979.
A review of the record before this Board establishes that the February
12, 1979 notice of investigation provided sufficient particularity to permit
Claimant to properly prepare a defense for the allegations therein contained,
and that Claimant was afforded all the procedures provided by the contract. There
was substantial evidence to sustain the Carrier's decision to discipline Claimant
for this serious infraction. However, given Claimant's long service, a May 1959
seniority date, the penalty of termination is too severe. Accordingly Claimant
is to be returned to service but without any back pay and this discipline is to
constitute a last chance warning.
FINDINGS: The Third Division of the Adjustment Board, upon the 4.ole 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 tins jurisdiction over the
dispute involved herein; and
That the discipline assessed was excessive.
A W A R D ~.
I
Claim sustained in accordance with the Opinion. ` ~'co°o 0f,ic©-
~`ri/
NATIONAL RAILROAD
ADJUSTMENT
BOARD
By Order of Third Division
Attest:
a
Executive Secretary t
Dated at Chicago, Illinois, this 8th day of December 1981.