Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37556
Docket No. CL-38167
05-3-04-3-70
The Third Division consisted of the regular members and in addition Referee
Gerald E. Wallin when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Sand Springs Railroad Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-13072)
that:
1. Carrier violated the provisions of the current working
agreement when on or about January 10, 2003, the Carrier
allegedly dismissed Mr. R. H. Vawter from service with the
Sand Springs Railroad.
2. Carrier shall now be required to rescind any discipline issued,
remove any entry relative thereto from Mr. Vawter's personal
record and reverse any negative effect upon Mr. Vawter's
seniority."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
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.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Form 1 Award No. 37556
Page 2 Docket No. CL-38167
05-3-04-3-70
Parties to said dispute were given due notice of hearing thereon.
The Claimant was dismissed for dishonesty in connection with the facts
surrounding his physical ability to return to work. Our review of the very unique
facts of this record convinces us that the disciplinary penalty of dismissal should be
modified. The Claimant shall be reinstated to the seniority roster but without any
backpay. The Claimant's time off payroll should be reflected as a disciplinary
suspension for just cause.
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 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 20th day of July 2005.