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. AWARD No. 44'
Case No. 44 .
SPECIAL BOARD OF ADJUSTMENT N0,.421
TRANSPORTATION-COMMUNICATION EMPLOYEES)
~`.
NEW YORR.CENTRAL RAILROAD, EASTERN
) DEC ~ - 1966
DISTRICT (Except Boston and Albany )
Division) and NEW
YORK
DISTRICT ) ,~cr~,~OF _,
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Claim of the General Committee of the Transportation-Communication Employees Union on the New York Central Sy#Jsm (Baetern
District); thats
1, Carrier violated the terms of the Agreement between
the parties when, on November 19, 1964, without just
' cause, it dismissed W. Frank Lisco.
2. Carrier shall be required to return Frank Lisco to
service with all rights unimpaired, pay him for all
loss of wages and for time and expenses incurred
' while attending a hearing on November 12, 1964.
OPINION OF BOARD:
Claimant Frank Lisco was hired by the Carrier on July 13, 1942 ..
as a Telegrapher on a position covered by the parties' Agreement
- then in effect. His seniority was carried on the Mohawk Division
seniority costar, giving him rights to work positions under the
scope of the Agreement from the Albany area in the east to Kirkville
in the west. The Mohawk Division headquarters are. located in Utica,
' New York.,
On September 15, 1963 claimant, who then held no regular nesiga· ,--.
ment, Boas called from the guaranteed extra list to post on the 1009
Say X12.1- ~wa
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P.M, - 6:59 A;M. trick assignment at Interlocking "B", Albany, New -
York, commencing September 16, 1963. This assignment was approximately 55 miles distant from his headquarters at Canajoharie. Claimant
failed and refused to report to this assignment, on the ground that
Carrier did not provide him Kith free transportation from his haad·
1
quarters to this assignmsnt4 Following a hearing on the property,
Claimant
ties
dismissed from service on the ground that ha had view
laud Operating Rules A-1, B, 725 and 850 by failing to post, as
ordered, at Interlocking "B" on September 16, 1963.
The record discloses that Claimant Lisco was authorized to use
his personal automobile to cover the position at Interlocking "B°'
at Albany on the subject date, because there was no free rail trans-
portation available to him at his Canajohari® headquarters. Agree- '~- -
ment Article 3 specifically provides that an extra employee will be
reimbursed for the use of his private automobile to protect positions
for which called at the mileage rates provided in Section (f) of
said Article. Claimant Lisco possessed an automobile but he refused
to use it to cover the involved position.
The evidence compels us to conclude that Claimant Lisco made
himself liable to disciplinary action by his refusal to comply with
the Carrier's instruction to post at Interlocking "B" on September
16, 1963. There is no support in Article 3 or any other Agreement
provision for his conduct. But under all the circumstances, including
claimants length of service, we are of the opinion that dismissal
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was an excessive penalty. ,We will hold that Claimant Lisco shall
be reinstated without back.pay but with seniority rights unimpaired
and without loss of such vacation rights as may have been earned. .
AWARD:.
Claimed sustained in part and denied in part as stated in above
opinion of Board.
Lloyd N. siler, Chairman
T. A. Seym ,Carrier Member R. .Woodman, Employee Member
Dated: November 18, 1966 .