SPECIAL BOARD OF ADJUSTMENT 230. 166
BROTHERHOOD OF RAILSIAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
TIISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM
: Claim of the General Committee of the Brotherhood of
- Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes on the Missouri Pacific Railroad, that the Carrier vio
lated the Clerks? Agreement:
1. When,. on October-25, 1955, it held Joseph M. Jadlow; Telephone
Operator=Janitor, Assistant Snperintendent?s Office, Nevada,
Missouri, out of service, and, following investigation held at
Nevada on October 26, 1955, unjustly dismissed employe Jadlow
from the service of the Carrier, and failed and refused and
continued to refuse to reinstate Jadlow to the service with
seniority rights unimpaired and to reimburse him for wage loss
suffered until Tuesday, April 17, 1956, when it did reinstate
Jadlow to the service with seniority rights unimpaired, but
without pay for wage loss;
2. Carrier shall be required to compensate Claimant Jadlow for all
wage loss suffered beginning October 25, 1955 until he was restored to service effective Tuesday, April 17, 1956, account
Jadlow having been harshly treated and unjustly discharged as
result of charges against him that were not sustained by the
Carrier;
3. That Joseph M. Jadlow shall be paid for the ten days? vacation
that was-due him and which he was scheduled to enjoy beginning
Thursday, November 10, 1955, until and inclusive of Wednesday,
November 23, 1955, but which he did not receive because of
being dismissed from service, held out of service, commencing
October 25, 1955.
FINDINGS
: Claimant was assigned to work 7:00 a.m. to 4:00 p.m. with lunch
hour 12:00 to 1:00 p.m. on October 25, 1955. He'did not appear
for work until 12:40 p.m. At an investigation held thereon, he testified
that he had a stomach disturbance starting at 2:00 a.m., was alone at home,
and had no telephone facilities to contact the Carrier. He was dismissed.
It is perfectly obvious that claimant did not fulfill his responsibilities as an employe of the Carrier when he made no effort whatever to
contact the Carrier in connection with his inability to fulfill his assignment. However, it appears that he had been in service for 10 years and
had never reported late to work before. There is no evidence of any other
prior misconduct. Accordingly, it appears that discharge was an unduly
excessive penalty.
Award No. g
Docket No. 3
It appears that on November
2, 1955,
the Organization offered to
waive claim for pay if he was reinstated. That offer was not accepted, but
the Carrier official suggested that a request be made for reinstatement on
a leniency basis. The Organization did not accept that proposal. Claimant
was actually restored to employment on April 17,
1956.
It appears that
six months out of service is an inappropriate penalty for the misconduct
and, since both of the parties must bear some responsibility for the failure
to reinstate him sooner, it appears appropriate to award him pay for one
half of the time lost less earnings in other employment during the same
period.
AITARD: Claimant shall be compensated for one half of the time lost from
October
25, 1955,
until his reinstatement on April
17, 1956,
less
any earnings in other employment during the last half of such period.
SPECIAL BOARD OF ADJUSTMENT 110,
166
/s/ Dudley E. 1 -1hiting
Dudley E. Whiting - Chairman
/s/ Ira F. Thomas
Ira F. Thomas - Employe Member
St. Louis, Missouri
January
16, 1957
/s/ G. 11. Johnson
G. W. Johnson - Carrier Member
C Award No. 8
0 Docket No. 8
P INTERPRETATION
Y
SPECIAL BOARD OF ADJUSTMENT N0. 166
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
MISSOURI PACIFIC RA31ROAD COMPANY
In rendering the Award on the above matter on January 16, 1957,
it was the intention of the Board that the claimant should be considered
upon a disciplinary suspension without pay for one-half of the time from
October 25, 1955 to April 17, 1956. In other words, he should be considered
suspended without pay from October 25, 1955, to January 20, 1956, inclusive.
It was-further the intention of the Board that for the remainder of the
period, January 21, 1956, to April 16, 1956, inclusive, he should be paid
for his wage loss less any earnings in other employment during that period.
It appears that he received unemployment benefits through the Railroad
Retirement Board and that his obligation to repay the same should be limited
to the period January 21 to April 16, 1956.
SPECIAL BOARD OF ADJUSTMENT N0. 166
Le/
Dudley E. Whiting,
Dudley E. Whiting - Chairman
/a/ Ira F. Thomas /s/ G. ld. Johnson
I. F. Thomas - Employe Member G. W. Johnson - Carrier Member
St. Louis. Missouri
April 11, 1957