NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 26115

THIRD DIVISION Docket Number MW-26120

Philip Harris, Referee

(Brotherhood of Maintenance of Way Employes

PARTIES TO DISPUTE:

(The Chesapeake and Ohio Railway Company (Southern Region)

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

1. The dismissal of Foreman J. E. Mathias for failure to properly perform his duties as acting foreman on Production Unit ST 181 on August 5, 1983, was excessive and unwarranted (System File C-D-1925/MG-4276).

2. The claimant shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."

OPINION OF BOARD: On August 5, 1983, Claimant reported late for work, did not
seek work authority, left the property before his shift
ended and gave no instructions to his crew when departing. As a result, the
whole day was non-productive for the entire crew, along with the idle piece of
expensive equipment assigned to them.

The Organization concurs with the facts, explaining that Claimant's behavior was due to illness. He woke up sick and came to work hoping he would soon feel better. However, on the job he ". . . didn't want to get on the track under an authority and get worse off and have to give up the track with only half a switch raised, possibly putting that track under a slow order."

The Board does not feel that the Carrier judged the Claimant improperly in finding him guilty of a whole including Claimant's personnel file, we agree that he should be reinstated with seniority an successfully complete the Carrier's alcoholic rehabilitation program.

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;

Award Number 26115 Page 2

Docket Number MW-26120

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 J. De er - Executive Secretary

Dated at Chicago, Illinois, this 19th day of September 1986.

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