PUBLIC LAW BOARD N0. 2439
Award No. 96
Case No. 96
PARTIES Southern Pacific Transporation Company
and
DIYUTE Brotherhood of Maintenance of Way Employes
STATEMENT "1. That the Carrier's decision to dismiss
J. T. Ruffus from its service on May 8,
1984, was in violation of the agreement.
2. That Carrier shall now be required to
reinstate Mr. Ruffus to his former posi
tion with seniority and all other rights
restored unimpaired and with compensation
for all wage loss suffered."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein
are Carrier and Employees within the meaning of the Railway Labor Act, as
amended, and that this Board is duly constituted under Public Law 89-456 and
has jurisdiction of the parties and the subject matter.
Claimant was dismissed from service for being absent without authority for
14 days from February 6 through March 22, 1984, and also for altering a doctor's
release slip for several of those days.
From the entire record
of
this matter, several facts must be noted. First,
it is evident that claimant did have a valid medical excuse for several of
the days he was absent. Further, he alleges that he called in on most of the
other days. Carrier does not agree, claiming that he called in on only one,
or perhaps two, days. There is also a dispute with respect to the alleged
alteration of the dates on the medical excuses. In addition, due to the
nature of the remote workplace and motel living of the gang, including the
foreman, communication was more difficult than normally the case.
Based on an evaluation of the entire record, it is believed that the discipline
imposed to date is sufficient and that claimant should now be reinstated to his
PLB-2439 - Z - Award No. 96
former position with all rights unimpaired but without compensation for time
lost. The time out of work shall be considered to have been a disciplinary
layoff. He must be made aware, additionally, that this is his last chance to
conform to Carrier's rules.
AWARD'
Claim sustained in part; claimant shall be
reinstated to his former position with all
rights unimpaired but without compensation
for time lost. His time out of service
shall be considered to have been a disciplinary layoff.
ORDER
Carrier will comply with the award herein
within thirty (30) days from the date
hereof.
I~L.
I.;
s';
. M. Lieberman, Neutra - ha rman
. -oose, Employee ember L. c er ing, carrier a er
San Francisco, California
January
31
, 1986