NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24133
Edward L. Suntrup, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman D. G. Thomas for being absent from duty
on November
6, 1979
was arbitrary, without dust and sufficient cause, an abuse
of justice and discretion and wholly disproportionate to the offense with which
charged (Carrier's File S 310-324).
(2) Trackm3n D. G. Thomas shall be reinstated with seniority, vacation
sad all other rights unimpaired and he shall be compensated for all wage loss
suffered including holiday pay beginning November
7, 1979."
OPINION OF BOARD: Claimant entered the service of the Carrier on June
15,
1978
as a trackman. Claimant was notified to report for
formal investigation on December 10,
1979;
he was charged with being absent without
proper authority. Because Claimant could not attend the investigation on that
date, the hearing was subsequently held on January
17, 1980.
As a result of
this investigation Claimant was notified on January 21,
1980
that he had bees
found guilty as charged and that he was being dismissed from service.
The transcript of the investigation clearly establishes that Claimant
was absent on November
6, 1979,
the day on which he was charged with being
absent without proper authority, and no additional evidence is offered for
this Board's consideration to indicate that Claimant did, in fact, contact his
Roadmaster, either directly or indirectly, an that day. The Board has no
alternative, in view of the record before it, except to conclude that substantial
evidence is present in sufficient degree to warrant that Claimant is guilty
as charged.
In this regard, therefore, the only question to be resolved is whether
the penalty imposed by Carrier was reasonable. This Board notes that the function
of discipline is not only to punish an employe but also to prdvide correction and
training measures for employes. This position has been upheld by this Board oa
numerous occasions (third Division
19537
inter alia). Since the Carrier has
made Claimant's past work record part of the investigative record on property,
this Board notes an absenteeism trend on the part of the Claimant prior to this
.J
incident although he was, in fact, assessed only one
15
day deferred suspension for
any prior absence without proper authority. In the present case, therefore, the
principle of progressive discipline would suggest that Claimant be given one
more chance to prove his worth to the Carrier as he himself claims be intends
to do if given additional opportunity. This Board rules that Claimant be given
this last chance and that he be returned to service, but without back pay for
time lost while out of service.
Award Number 24115 Page 2
Docket Number NW-24133
FINDINGS: 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 Employes involved in this dispute are
respectively Carrier and Employes within the meaniig 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 is accordance with the opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By - °-<~-a~Sce_
~~-.Gr-
Rosemarie Breach - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of January
1983.