SPECIAL BOARD OF ADJUSTMENT
NO. 279
Award No.
303
Case
No. 303
File
207-7426
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former MOPAC)
Statement
of Claim: (1) The Carrier violated the current working agreement,
especially Rule
12,
when Trackman D. W. Joyner was
dismissed from the service effective October
17, 1984.
(2)
Claimant Joyner should now be allowed compensation for
all time lost beginning October
17, 1984,
continuing until
he is reinstated to service with all seniority rights and
vacation privileges restored.
Findings: The Board, after hearing upon the whole record and all
evidence, finds that the parties herein are Carrier and Employee
within the meaning of the Railway Labor Act, as amended, that this
Board is duly constituted by Agreement dated January
5, 1959,
that it
has jurisdiction of the parties and the subject matter, and that the
parties were given due notice of the hearing held.
This is a companion case to that in our Award
No. 253
the
findings of which by reference are incorporated herein.
Claimant, a Trackman since June
24, 1976,
was notified on June
25, 1984 to
attend a formal investigation on June
27, 1984
on the
charge:
"...failing to protect your assignment and failing to comply
Roadmaster's instructions dated August
30, 1983,
concerning
Absenteeism/Tardiness while working as Trackman on Gang
5165
in Kansas City Terminal on June
21, 1984,
and June
22, 1984,
and a review of your record."
-2- Award No. 303
The investigation was postponed by the Organization until July
24, 1984. It was postponed again July 24th by the Union until such
time as Claimant was released from work from a personal injury
sustained on July 5, 1984.
The hearing was finally conducted on October 12, 1984. The
Carrier concluded therefrom that Claimant was culpable of the charges
placed against him. He was dismissed from service as discipline
therefor.
The Board finds that Claimant was accorded the due process to
which entitled under Rule 12, Discipline and Investigations.
There was sufficient evidence adduced, including Claimant's
admissions, to support Carrier's conclusion as to Claimant's
culpability. The Assistant Roadmaster attested that Claimant failed
to protect his assignment on June 21 and 22, 1984 and that he had
counseled Claimant in the past regarding his absenteeism and
tardiness. The Roadmaster also testified that instructions had been
issued on August 30, 1980 regarding Carrier's policy concerning
absences and that Claimant had been counseled on May 29, 1984
regarding leaving the work site without proper authority or being
absent or leave with proper authority. Claimant also testified that
he overslept on June 21,. He admitted he was aware of the policy
regarding permission to be off work or to be late. Claimant also
admitted that he failed to protect his assignment on June 21.and 22,
1984.
The discipline assessed, in light of Claimant's dismal service
record, is found to be reasonable. This claim will be denied.
-3- Award No. 303
Award: Claim denied.
S. A. Hammons, Jr. Emplo a Member
Arthur T. Van Wart, Chairman
and Neutral Member
Issued October 20, 1987.