Award No.
.;-'O
Case No. 38
Public Law Board No. 2363
PARTIES Brotherhood of-Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. Dismissalof P. D. Durkalski,D. M. Brady
_OF
CLAIM: and J. M. Bowling are without just and suffi
cient cause.
2. Each of these claimants will be restored
to service with seniority rights unimpaired
and with pay for time lost. Rule 27(f).
FINDINGS: Claimants were dismissed for failing to protect
their assignments on January 4, 1978 and being
absent without permission.
The record supports Carrier's findings that
claimants appeared at the gate just before their assigned report
ing time on the morning in question and milled around at that
location with several other employes, but did not report for
duty. They had not been excused from work that day.
We find no basis for setting asid missal of Durkalski and Brady. The latter had bee dismissed on June 30. 1975 for insubordination, an an a leniency basis on October 6, 1975 without pay
Durkalski's dismissal for misconduct on December 29,
considered in our Award !9 concerning Case No. 37.
Bowling's record is relatively clea)r and we are
a
of the opinion that he should be given another opportunity to
demonstrate his willingness to fulfill his obligations as an employe. We will direct Carrier to offer Bowling immediate reinstatement with seniority unimpaired but without back pay.
e
n
d
the dispreviously
reinstated
for time lost.
1977 was
AWARD:
Claimant Bowling reinstated without pay for
time lost. Claims denied as to claimants
Durkalski and Brady.
Adopted at Louisville, Kentucky, ~~ 7~ 1980.
_Vc~_~z_xj( 1~"JgYK~
H '1d M. Weston, rhairman
a W er Member
Employe Memb