Public Law Board No. 2630 -
PARTIES Brotherhood of Maintenance of Way EmployesTO - -
DI_SPUTE: and
Baltimore and Ohio Railroad Company
STATEMENT 1. Carrier violated the Agreement of O=tober 1,
_OF
CLAIM: 1968 when it dismissed Charles D. Davis on
March 31, 1977.
2. The dismissal of Claimant Davis was excessive
and unjustified. Claimant should 7o restored to _
service with his senioritv unimpaired and be al
lowed pay for all time lost.
FINDINGS: The record establishes that claimant was assent
from duty without permission on ten days in
February 1977. We find no basis for setting
aside Carrier's decision that substantial dis
cipline is warranted. It is appropriate for
Carrier to take into consideration, in deterR:in-
ing'the~me2sure of
discipline,
claimant's record including his
fifteen-day suspension for a like cffense in 1976.
We will sustain. a length.: suspensiun .:_tt:~.it pay
for claimant. However, in our view, he should be given another
opportunity to demonstrate that he can be relied upon to provide
steady service for Carrier.
AWARD: Claimant to be immediately reinstated with
seniority rights unimpaired but without back pa;.
To be effective within 30 days.
i~
Adopted at Baltimore, Maryland,~crf.-1, % ;; i930.-
JT
~~
Harold M. Weston, Chairman
~~,L~..C~'c."1LGtci
Carrier Member Employe Member
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jaw
30- fib, 3