PUBLIC :AW BOARD N0. 2142
Parties Brotherhood of Maintenance of Way Employees
and
Illinois Central Gulf Railroad
to
Dispute
Statement
of Claim:
Findings: The .Board, after hearing upon the whole record and evidence,
finds that the parties herein are Carrier and Employee within the
meaning of the Railway Labor Act, as amended, that this Board is duly
cvnstituted by Agreement dated January 2?, 1978, that it has jurisdiction
of the parties and the subject matter, and that the parties were given
,'.ne notice of -he hearing held.
Claimant trackman, after a F_rmal investigation had been held
tnercor.,was dismissed from service fo- insubordination because he had waked
off the Job, about 3:.0 p. m.. nn November 30, 1976 after fai:ing to
receive permission to lay off :.- orde: to get his wife.
the Board rinds char _ w:amanc ·,tas accorded dun process. He was
gm., ,.r,_per n_ _ce, du'.v cepreser.reu. faced his accusers and exercised
't' 3
rig, t or
SL.
;.eai.
Award No. 2
Docket No. MW 110$
Case No. 10
That R_ P. Jackson was unjustly dismissed from the service
and that the Illinois Central Gulf Railroad be ordered to
restore R. P. Jackson to service with all rights unimpaired
and with
compensation for
each work day beginning December 2, 1976
and
continuing until
such time as he is restored to service.
. i
` -2- Public Law Board No. 2142
Award No. 2
The evidence adduced supports Carrier's conclusion as to Claimant's
culpability. He simply was guilty of taking matters into his own hands
after being, denied permission to leave early in order to pick up his
wife. Obviously the belated argument of Claimant's alleged illness
does not square with the facts preceding such offer.
The Board finds circumstances which serve to mitigate the discipline
of dismissal. Claimant will be restored to service with his seniority
rights unimpaired but without any pay for the time out of service,
subject to passing the usual return to service physical examination.
Award: Claim disposed of as per finding.
Order: Carrier is directed to make this Award effective within
thirty (30) days of date of issuance shown below.
vun w
A. T. unningham,
I
ployee Me bar J. H gen, arrier Me e
~e~40~ 0;rA0_
Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Falmouth, Massachusetts, August 27, 1978.