I'UBI I (: I AW BOARD NO. ?18:1
Cdse No. 11
Docket No. MW-78-15
Parties Brotherhood of Maintenance of Way Employes
to _ and
Dispute Southern Pacific Transportation Company
Texas and Louisiana Lines-
Statement 1. Carrier violated the effective Agreement when Lafayette Division Track
of Laborer E. M. Roberts was unjustly dismissed on December 2, 1977, for alleged
Claim violation of Rule 810.
2. Claimant E. M. Roberts be reinstated to his former position, with pay
for all time lost, vacation, seniority and all other rights unimpaired.
Findings The Board, after hearing upon the whole record and all 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 constituted by Agreement dated
May 22, 1978, that it has jurisdiction of the parties and the subject matter,
and that the parties were given due notice of the hearing held.
Claimant, a Track Laborer, was dismissed from service by letter dated December
1, 1977 for being absent from his employment without authority on December 1,
1977,
which is
a violation of Rule 810.
Claimant requested and was given a hearing at Beaumont, Texas, December 15,
1977. Carrier concluded as a result thereof that Claimant was guilty as
charged and he was so notified.
The Board concludes that Claimant had a fair hearing.
There was sufficient evidence adduced to support the conclusions reached by
Carrier as to Claimant's culpability.
The Board would not ordinarily interfere with the discipline assessed, however,
in the particular circumstances it finds circumstances which serve to mitigate
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the discipline assessed. Claimant will be reinstated to service without pay
with all rights unimpaired but placed on a probationary status for a six
month period. In addition to Claimant passing the necessary return to
service examination, he and his local union representative should meet with
his supervisor for a joint review of Claimant's obligation to protect Carrier's
requirement of service.
Award. Claim disposed of as per findings.
Order . Carrier is directed to make this Award effective within thirty (30) days of
date of issuance shown below.
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M. A: Christie, Employee Member R. W. Hickman, Carrier Member
- '~Art~ Van Wart, Chairman
and Neutral Member
Issued at Wilmington, Delaware, March 31, 1979.