NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25012
Edward L. Suntrup, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company (former
( Illinois Terminal Railroad Company)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed upon Crane Operator
E. M. James, Jr. for "reporting late for work on December 4, 1981 was without just,
sufficient or reasonable cause, arbitrary, capricious and a gross abuse of
justice and discretion by the Carrier (System File N&W 1982-3/MW-STL-81-11).
(2) The claimant's record shall be cleared of the charge leveled against
him and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: By letter dated December 9, 1981 the Claimant, E. M. James, Jr.
received notice to attend a formal investigation in
connection
with having allegedly reported late for work on December 4, 1981. After the hearing
was rescheduled for January 13, 1982 the Claimant was notified by letter dated
January 29, 1982 that he was being assessed a thirty (30) day actual suspension.
After appeal on the property up to and including the highest Carrier officer designate:
to hear such, this case is now before the National Railroad Adjustment Board.
A review of the record shows that the Claimant called in at approximately
7:20 AM on December 4, 1981 stating that he would be late covering his assignment
because he could not get his car started. The record establishes, therefore, that
the Claimant called in late for work since his shift began at 7:00 AM, and it,
complies with substantial evidence showing in this respect. At the same time,
however, the record shows that the Claimant appeared to make reasonable efforts to
correct his car problems on December 4, 1981 in order to get to work.
With respect to the quantum of discipline Board precedent in numerous
Awards states that the role of discipline is not only punitive but that it should
provide corrective and training measures (Second Division 6485; Third Division
5372, 19037). At the same time an employee's prior work history can be used in
discipline determination (Second Division 6632, 8527; Third Division 22320, 23508).
A review of the record shows that the Claimant's record is not without blemish.
Nevertheless, a thirty (30) day actual suspension for the infraction here at bar
appears to be beyond the reasonable bounds of the application of the principle of
progressive dicipline given the Claimant's efforts to have his car repaired on the
day in question in order to cover his assignment. Receipt for the used battery
the Claimant bought from a certain B and B Motors is part of the record. The
thirty (30) day suspension shall, therefore, be reduced to a fifteen (15) day actual
suspension, and the Claimant shall be paid for all wage loss incurred as a result
of the incident at bar beyond fifteen (15) actual days.
Award Number 24896
Docket Number MW-25012 Page 2
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 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 ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 18th day of July 1984.