PUBLIC LAW BOARD NO. 3558
PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE ) SOUTHERN PACIFIC TRANSPORTATION COMPANY
EASTERN LINES
AWARD
STATEMENT OF CLAIM
:
" 1. Carrier violated the effective Agreement when Houston
Division Machine Operator D. V. Keeling was unjustly dismissed from
service.
2. Claimant Keeling shall now be paid for all time lost
commencing March 16, 1987, and on a continuing basis, with seniority,
vacation and all other benefits restored intact and with charge letter of
February 20, 1987, removed from his personal record." (MW-87-66)
OPINION OF BOARD:
Claimant, a Houston Division machine operator, has been employed by the Carrier
since January 4, 1981. As a result of charges dated February 20, 1987, investigation held
on March 2, 1987 and by letter dated March 13, 1987, Claimant was dismissed from
service for failing to protect his employment when he was absent from duty after February
2, 1987.
The record shows, and it is undisputed, that after February 2, 1987, Claimant was
absent without permission. At the hearing, Claimant gave the reasons for his absence as
including personal problems.
We are satisfied that substantial evidence supports the Carrier's conclusion that
Claimant violated Rule 604 by absenting himself from duty without proper authority.
However, in light of the extenuating circumstances presented, we believe that dismissal
was excessive and Claimant can be returned to service under the provisions set forth
below.
PLB 3558 Case No. 66
D. V. Keeling
Page 2
AWARD:
Claimant shall be returned to service with seniority and other benefits unimpaired
but without compensation for time lost Under the unique circumstances of this case and
only for the purposes of this case, return to service is conditioned upon the following:
1. Claimant's successful completion of a return to service
physical examination including testing for drugs and/or
alcohol.
2. If such examination is passed by Claimant, Claimant must
meet with a designated EAP Counselor and adhere to the
program, if any, that is established by the Counselor.
C.B.
oe
Carrier Me r
Houston, Texas
August 31, 1988
Edwin H. Bern, CT-airman
and Neutral Member
,
S. A. Hammons, Jr.
Organization Membe