Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27086
THIRD DIVISION Docket No. CL-27380
88-3-86-3-616
The Third Division consisted of the regular members and in
addition Referee CharLotte Gold when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-1012L) that:
CLAIM N0. 1:
(a) Carrier violated the current Clerks' Agreement at Fort Worth,
Texas, when on July 5, 1985, it dismissed J. D. Curtis, Jr. from service, and
(b) Facts developed at the formal investigation held on July 5,
1985, failed to sustain Carrier's alleged charges and did not justify or
warrant the harsh penalty imposed, and
(c) J. D. Curtis, Jr. shall now be reinstated to service of the
Carrier with all rights unimpaired and paid for all monetary loss sustained as
a result of being discharged on July 5, 1985, until reinstated, his personal
record cleared of all charges, and
(d) J. D. Curtis, Jr. shall be paid an additional twelve per cent
per annum until claim is paid.
CLAIM N0. 2:
(a) Carrier violated the current Clerks' Agreement at Forth Worth,
Texas, when on July 15, 1985, it dismissed J. D. Curtis, Jr., from service, and
(b) Facts developed at the formal investigation held on July 15,
1985, failed to sustain Carrier's alleged charges and did not justify or
warrant the harsh penalty imposed, and
(c) J. D. Curtis, Jr. shall now be reinstated to service of the
Carrier with all rights unimpaired and paid for all monetary loss sustained as
a result of being discharged on July 15, 1985, until reinstated, his personal
record cleared of all charges, and
(d) J. D. Curtis, Jr. shall be paid an additional twelve per cent
per annum until claim is paid."
Form 1 Award No. 27086
Page 2 Docket No. CL-27380
88-3-86-3-616
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, 'rods that:
The carrier 3r carriers and the employe or employes involved in this
dispute are respectivelv carrier and employes within the meaning of the
Railway Labor Act as apprived June 21, 1934.
This Division if the Adjustme:it Bard has jurisdiction over the
dispute involved he rein.
Parties to said dispute waived right of appearance at hearing thereon.
Between June 14 and June 27, 1985, a period of thirteen days, the
Claimant marked off sick. Carrier alleged that he was working at a local
radio station at that time and failed to request a formal leave of absence, as
is required by Company rules after ten days. An investigation was held in
absentia on July 5, 1985, following which Claimant was found guilty of violating Rules 13, 16, and 2
Employes, 1978, and was discharged from service.
Claimant was also cited for walking off the property on
July 1,
1985,
after being handed a notice of investigation by the Carrier for the
July
5,
1985, hearing. A second hearing was held in absentia on
July
15, 1985, in
conjunction with his alleged failure to protect his assignment after leaving
the property without authority. Claimant was found guilty of violating Rules
14, 15, and 16, and notified that he was removed from service. Claims were
progressed by the Organization for both dismissals and were combined for submission to the Board.
The Board has reviewed the entire record of these cases and has some
question about Carrier's failure to grant a requested postponement for the
first investigation conducted on
July
5, 1985. We note, however, that no such
request was made by the Claimant for the
July
15, 1985, hearing and thus conclude that investigation, held in absentia, was conducted witho
flaw. In regard to the charges that were the subject of that hearing, the
record is very clear that Claimant was unequivocably told that his leaving the
property without authorization would result in a charge of insubordination.
His failure to heed that warning was at his own peril.
Claimant's past record is not a good one, consisting of 205 demerits,
many of which were for laying off without proper authority. In light of his
most recent infraction, it must be concluded that the discipline imposed was
commensurate with the gravity of the incident.
Form 1 Award No. 27086
Page 3 Docket No. CL-27380
88-3-86-3-616
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 17th day of May 1988.