PUBLIC LAW BOARD N0. 1760
Award No. 78
Case No. 78
Docket No. MW-MOB-83-30
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Norfolk and Western Railway Company
(Former Wabash)
Statement
of Claim: Claim on behalf of L. J. Ginn that she be returned to her
respective position and that she be paid for all time held
out of service.
Findings: The Board has jurisdiction of this case.
Claimant, on August 29, 1985, was employed as a B&B Painter
Helper on the Moberly Division working at Hannabel, Missouri. On or
about the starting time, Claimant asked her Foreman for permission to
leave her assignment early in order to get her paycheck at Moberly.
The Supervisor talked with his supervisor and later told Claimant that
she could not and would not be excused. He read Rule 1703 to her,
in part, which reads:
" ..they must not absent themselves from duty, exchange
duties or substitute others in their place without proper
authority."
Claimant was advised that she could not leave and if she did that
it was without authority and that she would be deemed insubordinate.
Claimant said that she was going, that she had to go, and that she was
going to leave early, whether or not she received permission. The
Foreman read her Rule 1703.
She was required to attend a formal investigation. She was found
guilty.
In view of Claimant's culpability, her prior record, and the
charge, Claimant was dismissed from service as discipline therefor.
Claimant, on the record had a fair and impartial investigation.
There was sufficient evidence adduced to support Carrier's
conclusion as to Claimant's culpability.
The discipline in light of Claimant's service record is not
deemed to be unreasonable. This claim will be denied.
IOLA
/76a
-2- Award No. 78
Aw 1 'm denied.
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-Sol Harm ons, Jr., Employ, Member J~. A ba a o, Carrier Member
G
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Arthur T. Van wart, Chairman
and Neutral Member
Issued June 9, 1988.