Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. The dismissal of Track Repairmen W. M.
_OF
CLAIM: Behel and M. A. Bramlett was without just or
sufficient cause and extremely disproportion
ate to the offense with which charged.
2. Claimants shall be restored to service
with seniority rights unimpaired and pay for
all time lost. Rule 27(f).
FINDINGS: The evidence is clear that both claimants failed
to report for duty on assigned work days with
out notification to anyone in authority. As a
result, their Section Gang was caught short and
had to operate below strength. The men had
previously been cautioned against absences
without permission by their Foreman as well as
~3~,3-/two
W
by Roadmaster Clark. The record discloses no prejudicial procedural error.
In the light of this record, serious disciplinary action is warranted. We are of the opinion, however, that
claimant Bramlett merits another opportunity to demonstrate
that he can be relied on to provide steady service. We will
direct Carrier to reinstate him promptly with seniority rights
unimpaired but without back pay.
We might have been persuaded to reduce the discipline assessed against claimant Behel to the same degree.
However, he has expressed a desire in writing not to be employed
by Carrier and went so far as to use extremely contemptuous and.
insubordinate language in his August 1977 letter to Division Engineer Vaughn. Making all due allowance for the irritation
Behel undoubtedly felt for being dismissed, we nevertheless are
not in a valid position to require Carrier to take back an employe who has expressed his dislike of the Carrier in the extreme
terms used in the aforementioned letter.
AWARD: Claimant Bramlett to be offered immediate re
instatement without back pay. To be effective
within 30 days.
3
Claim of W. M. Behel is denied.
Adopted at Louisville, Kentucky,
1980 .
C'TU
a11~ ~, r v
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West n, Chairman
Member
Employe Memb