NATIONAL RAILROAD ADJUSIMENT BOARD
THIRD DIVISION
Josef P. Sireftaan, Referee
PARTIES
`in
DISPUTE:
Award Number 23956
Docket Number MW-238
(Brotherhood of Maintenance of Way FSnployes
(The Denver and Rio Grande Western Railroad Company
STATaUNT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track Walker L. L. Valdez was capricious and
without dust and sufficient cause. (System File D-35-79/MW-29-79)
(2) Track Walker L. L. Valdez shall be reinstated with seniority,
vacation and all other rights unimpaired and be compensated for all wage loss
suffered."
OPINION OF BOARD: Claimant L. L. Valdez, a Track Walker, was served with a
notice of investigation "to develop facts and place responsi
bility, if any, in connection with (Claimant's) absenting himself from duty as
section laborer without permission at about 8:30 AM, July 3, 1979." The investi
gation was held on July 6, 1979 and on July 16, 1979 Claimant was dismissed from
service by the Superintendent.
An examination of the record by the Board establishes that Claimant,
shortly after his shift began on July 3, 1979, left the Carrier's property and
went home for a substantial period of time without permission. He returned to
work that day only after Carrier's personnel went to his house to investigate
and found Claimant home.
There was substantial evidence is the record to sustain Carrier's determination to discipline
from duty without proper authorization on two occasions in 1970', and that in April
of 1978 he was dismissed for the same type of offense only to be reinstated on a
leniency basis some four months later. The July 3, 1979 incident took place less
than a full year after. Then and now leniency is solely within the authority of
the Cacrier. Under these circumstances termination was reasonable.
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the FSaployes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 19341
Award Number
23956
Docket Number MW-2380
Page
2
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ANt3ST,M^iT BOARD
By Order of Third Division
BY Z
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 30th day of July
1982.
