Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33597
Docket No. CL-33432
99-3-96-3-950
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Illinois Central Railroad
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11539) that:
(1) Carrier violated the Agreement between the Parties when effective
Saturday, October 7, 1995, it dismissed Console Operator Walter
M. Manley from service, in violation of Rules 22, 23, 24, and 25,
among other Rules.
(2) Carrier shall now be required to restore Mr. Manley to service with
full
benefits and all seniority rights unimpaired; and
(3) Claimant shall now be compensated
full
back pay for all time lost,
including health and welfare premium payments, plus any
additional holiday pay and overtime pay he would have received
had he been in service; and
(4) Carrier shall clear Mr. Manley's work record of all matters
pertaining to this investigation.
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1
Page 2
herein.
Award No. 33597
IWO
Docket No. CL-33432
99-3-95-3-950
The carrier or carriers and the employee or employees involved in this dispute .. I
are respectively carrier and employee 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
Parties to said dispute were given due notice
of
hearing thereon.
At the relevant time, Claimant, an employee since March 1970, held a Console
Operator's position in the MIS Department. As a result
of
notice dated September 28,
1995, Investigation held October 3, 1995 and by letter dated October 6, 1995, Claimant
was dismissed from service for being excessively absent during the period
of
August 18
through September 21, 1995 and for violating a personal contract dated December 27,
1994.
Claimant's shift was from Midnight to 8:00 A.M. Claimant's duties included
monitoring the Carrier's computer system, changing computer tapes, printing and
compiling reports and restarting the computer systems in the event
of
crashes.
Substantial evidence supports the Carrier's determination that Claimant was
excessively absent during the period
of
August 18 through September 21, 1995 - five
separate occasions and in excess
of
three hours on two other days. Those absences
occurred even though Claimant signed a letter dated December 27, 1994 where
Claimant agreed, among other things, that he would be regular in attendance.
However, we find that dismissal was excessive. Claimant is a long term employee
and, until the circumstances that brought about the signing
of
the December 27, 1994
letter, it does not appear that Claimant was a problem employee. Under the
circumstances, Claimant shall be returned to service without loss
of
seniority or other
rights and benefits. However, Claimant shall not be entitled to backpay for the time he
has been out
of
service. Claimant's discipline shall be considered a long term
suspension. Claimant shall further be required to pass a return-to-work physical
examination.
Claimant must understand that the Carrier and the Board will not look favorably
upon similar conduct in the future.
If
Claimant has medical or other problems he must
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Award No. 33597
Docket No. CL-33432
99-3-95-3-950
advise the Carrier and request a Leave
of
Absence instead
of
simply not showing up for
work. Claimant's job is an important one and his failure to appear for work can
seriously handicap the Carrier by depriving it
of
the necessary computer reports needed
for its operations.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimants) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 16th day
of
November 1999.