PUBLIC LAW BOARD NO. 5396
Parties
to the
Dispute
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
and
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAI1
1. That the carrier violated the current
Agreement when it dismissed Truck
Driver W.E. Jones. Said action being
excessive, unduly harsh and in abuse
of discretion.
2. That the Carrier now reinstate Claimant
to his former carrier position with
seniority and all other rights restored
unimpaired, with pay for all loss
suffered, and his record cleared of all
charges.
FINDINGS
PLB Case No.
20
NMB Case No. 20
Following an earlier dismissal and his reinstatement by
a Public Law Board
(which rendered
a bench decision), Claimant was notified by letter dated August 7, 1990, to appear
for a return-to-work physical. In a telephone call on -
2
539
October 11, 1990, he was told by a Carrier Clerk that he
could displace an individual working on Extra Gang No. 75 on
the Tehachapi District. Claimant did not contact Carrier
again until August 16, 1991, after he was sent a copy of the
decision that had been rendered by the Public Law Board. He
sought to return to work at that point and was denied the
right to do so.
At his request, an investigation was held into the
charge that he had been absent from duty without proper
authority from September 27, 1990 through August-26, 1991.
The charge was upheld and he was again terminated from
service.
Claimant maintains that in his conversation with the
Clerk, he was not given a definite date to report or told
where to appear. It was his understanding that he would
receive more correspondence in the mail.
This Board does not find claimant's explanation for why
he did not report as directed to be especially convincing.
It appears rather that he was involved in a new business
that was taking up his time and it was not convenient for
him to return to Carrier's employ at that point.
The Board, however, is willing to give him the benefit
of the doubt in this one instance. We will return him to
53q(o-_-m
work on a last-chance basis. If his railroad employment is
meaningful to him, he will accept this option and avoid any
behavior in the future that will place his job in jeopardy.
AWARD
Claim sustained'in part and denied
in part. Claimant is returned to
work on a last-chance basis with
all seniority and rights in tact,
but without backpay.
C. U ~ DA
C.H. Gold, Neu ral Chairman
C.F. Foose, Employe Member
irtin, Carrier Member
Date of Approval