Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28996
THIRD DIVISION Docket No. SG-29064
91-3-89-3-501
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore S Ohio
Railroad Company)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railroad
Railroad Company (B60):
On behalf of Brother R. D. Cusimano, for reinstatement to service
account of Carrier violated the current Signalmen's Agreement, as amended,
particularly the Discipline Rule." Carrier file 15-(89-1).
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was employed by Carrier as a Signalman assigned to a Crossing Protection Gang (7XA6) workin
19, 1988, Claimant was charged as follows:
"You are charged with being absent from duty without
permission and failing to notify your foreman or a
supervisor of the reason for your unexcused absence
from Crossing Force 7XA6 on the following days:
Monday August 8, 1988
Tuesday August 9, 1988
Wednesday August 10, 1988
Thursday August 11, 1988
Form 1 Award
No.
28996
Page 2 Docket
No.
SG-29064
91-3-89-3-501
A Hearing into the charges was held on August 25, 1988. As a result
of that Hearing, Claimant was found guilty as charged and dismissed from
Carrier's service. Claimant's dismissal was appealed by the Organization. It
has been denied by the Carrier at each level of appeal and ultimately placed
before this Board for resolution.
The Board has reviewed the record, together with the transcript of
the Hearing. As a result of that review, we have concluded that Claimant
received a full and fair Hearing and was afforded all substantive and procedural rights guaranteed b
Claimant was guilty as charged and that severe discipline was appropriate.
Under the circumstances presented in this case, howevet, the Board is not
persuaded that permanent dismissal from Carrier's employ is appropriate.
This Board recognizes that Claimant does not have an admirable work
record and that he has had numerous attendance problems i^ the past. It seems
logical that these attendance problems could have resulted from Claimant's
drinking problem, as is the case in many similar situations. The Board does
not condone such behavior and has, on numerous occasions, upheld the dismissal
of employees guilty of similar charges. The Board in this case, however, is
impressed with the fact that Claimant sought help for his alcohol problem on
his own and enrolled himself in a rehabilitation program. The record seems
clear on the fact that the day Claimant was charged as absent without proper
authority, he was in the Hospital beginning a rehabilitation program.
In the interest of justice and in an attempt to give Claimant an
opportunity to become a worthwhile employee, this Board will grant him one
last chance to prove himself. We conclude that dismissal from service under
the conditions present here is arbitrary and unduly harsh. Given that Claimant took the initiative t
given the fact that there is some chance, based on the record, that he did
inform his Foreman that he would be off on the days in question, another
chance at employment is justified.
Claimant and the Organization should be fully aware that this is a
last chance for him. Claimant must know that he is to report to work every
day, on time, and remain on the job for his full shift. Any future incidents
of unexcused absences or excessive absence for any reason will be grounds for
permanent discharge. Claimant shall be returned to work upon successfully
passing a return-to-work physical with seniority unimpaired, but without pay
for time lost or benefits. His time out of service shall be carried on his
record as a disciplinary suspension.
A W A R D
Claimant sustained in accordance with the Findings.
Form 1 Award No. 28996
Page 3 Docket No. SG-29064
91-3-89-3-501
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
01
Attest
ancy J. -Executive Secretary
Dated at Chicago, Illinois, this 24th day of September 1991.