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 Foreman G. R. Steele was
OF
CLAIM: without just and sufficient cause; on the
basis of unproven charges; extremely dispro
portionate to the charges (System File 1-11
(88)/D-106638E-306-181).
2. Claimant Steele shall be reinstated to
service with seniority rights unimpaired and
be paid for all time lost from November 29,
1976.
FINDINGS: The record shows that although foreman of
Gang 153 at the time in question, claimant took
with him the only keys to the gang's two trucks
when he left work on August 25, 1976, and failed
to report for work on the following day. He
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did not call in to explain his absence to anyone in authority
- or make arrangements to have the truck keys brought to the gang.
As a consequence, the service of both trucks were lost for the
entire day and Carrier was deprived of his gang's services for
about two hours. Claimant's excuse that he had car trouble
and regarding communication difficulties are unpersuasive.
Serious discipline under the circumstances is
not unwarranted. It was appropriate for Carrier to consider,
in assessing the measure of discipline, that claimant had previously been dismissed and subsequently reinstated on a leniency
basis.
We are not satisfied, however, that a sound
basis exists for separating claimant from Carrier's payroll.
Accordingly, we will direct that he be restored to Carrier's
service, but in a Rank 3 position with seniority rights unimpaired but without back pay, subject to the understanding that
he will be permitted to bid for a supervisory position after
having served in a satisfactory manner for six months as a'
Rank 3 employe.
AWARD: Claimant to be offered immediate employment
in a Rank 3 position, without back pay and
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~3
~- H
subject to the conditions set forth in last
paragraph of
Findings. Award
to be effective
within 30 days
of
adoption.
Adopted at Louisville, Kentucky,.c~.,ea t~ 1979.
Ha dM. Weston; Chairman
1
Ca r'er Member Employe Member