(Transportation Communications International Union PARTIES TO DISPUTE:
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.
At the time of the incident that gave rise to this case, Claimant J. Villegas was employed as a Food Specialist working out of Los Angeles, California. On July 12, 1999, the Claimant was assigned to work Train 14 scheduled to depart Los Angeles at 9:30 A.M. The Claimant missed the train. He called in at 10:30 A.M. to say he overslept. As a result of that incident, the Claimant was sent the following Notice of Hearing specifying the charges against him:
You are hereby directed to appear for a formal investigation as indicated below:
Charge 1: Alleged violation of Amtrak's Standards of Excellence titled `Attending to Duties,' which reads in part . . . . `It is important for all of us to report for work on time and perform our duties during the prescribed hours. If you know you are going to be late or absent altogether, inform your supervisor as far ahead of time as possible.' In that while assigned as food specialist, train #14, July 12,1999, you failed to report for your position nor did you call off prior to the train's departure. Form 1 Award No. 35397
A Hearing in the matter was held on August 9, 1999. As a result of that Hearing, the Claimant was found guilty as charged and was dismissed from the Carrier's service.
The Board has reviewed the Hearing record, the Claimant's past work record, and the conditions surrounding the July 12, 1999, missed assignment. The Claimant has been a relatively good worker over his 12 years with the Carrier. He has received some commendations for good performance, as well as discipline for attendance problems. His last incident occurred about two years prior to the July 12, 1999, incident. Based on the total record of the case, the Board has concluded that dismissal from service is a far more severe penalty than is justified in this instance. Consequently, the Board will direct that the Claimant be returned to work on a last-chance basis, with seniority intact and all other rights unimpaired, but without pay for lost time or benefits. The Claimant should be aware that any future violations of the Carrier's Time and Attendance Policywill most likely result in his permanent dismissal from Amtrak.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) 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.