_ mTIoNAL RAILROAD AnnUSMM BOARD
THIRD DIVISION Docket Number W-23884
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTES
~Conso3ldated Rail Corporation
STAB OF CLAIM: "Chin of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman w3rnn B. Knox for 'Allegedly walld.ag
off the job without notifying anyone oat 9/13/78' was without just and sufficient
canes and wholly disproportionate to the charge (System Docket Ip-105).
(2) Trackman wirron B. IVtoz shall be reinstated with seniority and
an other rights unimpaired and shall be compensated for all rage loss :offered."
OPINION OF BOARD: The record shows that claimant entered the service of the
Carrier on April 4s 19'(8. On September 1.3s 1978r while
working temporarily as a asohi>se operator at Oak Island Yard, Newark,, lf. J.r
claimant walked away fsba the fob site during the lunch break without iaforniag anyone of his intent
iron any of his saparisarsr and did not return to work an that date. when
claimant returned to work the nest days, he was held out of service ate. given
a notice to attend an 1.avestigatioa/henriag on September 21r 19't8r in connection with the charge:<
'In that you allegedly walked off of the fob without
notifying anyone.
Places Oak Islands West Bound Receiving Yard
Tins: 72:00 PM 9/13/78."
The iawstigetion/hearing was held an scheduled, following which
claimant was notified on September 29r 1978, of his dismissal iron service*
A copy of the transcript of the Investigation/hearing has been made
part of the records, and we find that cone of claimant's substantive procedural
rights vas violated. we have been referred to no rule requiring tie segregation
of witnesses.
Clainant had been in Carrier's serrl.ce a little sure than five sontks.
In the short tine that he was in the service the Carrier has shown that he
V89
cautioned three tines concerning absenteeism cad unauthorized absences.
Considering the entire record, there is so proper basis for the Board
to disturb the discipline imposed.
Award Number
23524
Docket Number
W-238%
FINDIliI3S: The Third Division of the Adjustment Board, upon
the whole
record sad all the evidence, finds and holds:
That the parties waived oral hearing;
Pegs 2
That the Carrier and the Aaployee involved in
this
dispute
are respectively Carrier ant Enp1,.oTsa within the marring of the lisilwy
Iinbor Act, as approved June 21, 1934;
That thin Division of the Adjustment Hoard has jurisdiction over
the disputes involved herein; and
That the t was not violated.
Claim denied.
ATMTs
abekooue~
NATIONAL RAILROAD ADTtR32C11'!' HOARD
By Order of Third Division
ftecative Secretary
Dated at Chicago,
Illinois,
this
26th
day of February 1982.