Public Law Board No. 2203
PARTIES Brotherhood of Maintenance of. Way Employes
_TO
DISPUTE: and
Consolidated Rail Corporation
STATEMENT 1. Carrier violated Agreement of December 16,
OF
CLAIM: 1945, as amended and the January 26, 1973 Agree
ment when it assessed discipline of dismissal on
Trackman J. K. Hatfield, May 8, 1978.
2. Claimant's record be cleared of the charge
brought against him April 11, 1978.
3. Claimant be restored to service with seniority
and all other rights unimpaired and be compensated
for wage loss sustained in accordance with the
provisions of Rule 6-A-1(d), with restoration of
benefits.
FINDINGS: Such extreme disciplinary action as dismissal
must be based on a clear and strong record. In
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this case the record shows that claimant had received a warning
for an absence on February 7, 1978, and thereafter was absent on
February 15, 21, 22 and 23 without permission. However, the
sketchy evidence that was produced at the hearing did not ade
quately explain away some of the uncertainty regarding claimant's
absences on February 22 and 23, particularly with respect to
his testimony that he had been bumped by February 22 and was in
jail on February 23. (There is no contention that the time in
jail played any part in Carrier's decision to dismiss claimant).
Claimant's prior record has not been introduced in evidence.
Because of its unclear nature, this record does
not provide a sound foundation for dismissal. We will direct
Carrier to offer claimant immediate reinstatement with seniority
unimpaired but without back pay.
AWARD: Reinstated without back pay.
Adopted at Philadelphia, Pa.,,wa4'/~ 1979.
ORDER: Carrier is hereby ordered to offer reinstatement
on or before
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