YARDMASTER DEPARTMENT AWARDS

AWARDS 71 - DISCIPLINE SHOULD BE PROGRESSIVE AND CORRECTIVE

AWARD # REFEREE RAILROAD
Third Division Award 30121 Simmelkjaer CSXT (Former L&N)
Fourth Division Award 4475 Stallworth Boston and Maine
Public Law Board 3975, Awd 2 Zusman Baltimore and Ohio

Fourth Division Award No. 4475 (Stallworth)

"The Board also takes note that none of these prior instances of misconduct involved the type of offense charged here. Although not a model employe, Claimant does not appear to be an intractable employe, obstinately making the same mistakes over and over. A general principle of labor relations is that discipline should be progressive and should give the employe a chance to improve his behavior before being terminated. The Carrier has not pursued this course in this instance.

"Because the Carrier has provided substantial evidence that the Claimant was guilty, however, some penalty is in order. Therefore, the Board will reinstate the Claimant to his former position with all rights unimpaired, but without compensation for time lost."

Public Law Board No. 3975, Award 2 (Zusman)

"Under these circumstances, and considering the serious offense for which the Claimant is guilty, we are most reluctant to interfere with the Carrier's assessed discipline of dismissal. In the Claimant's supervisory position the Carrier has every right to expect that he will carefully adhere to the employment obligations to which he has been entrusted. Dismissal under the circumstances at bar is justified if past discipline has not produced corrective behavior. We note however, that Carrier's discipline in this matter was predicated in part on a companion case from which the discipline has been nullified (PLB 3975; Award No. 1). This Board has held on numerous occasions in prior awards that discipline should be progressive and corrective (Second Division Award 6485; Third Division Awards 5372; 19037 inter alia).

"As such, we are constrained to remove the dismissal allowing Claimant to return to service with seniority rights and benefits unimpaired. All other elements of the Claim with regard to this Award including claims for wages, clearing of record and reimbursement are denied. Claimant was clearly guilty of the charges."

Third Division Award No. 30121 (Simmelkjaer)

"On balance, the Board concludes that Claimant should be severely disciplined, but given the foregoing mitigating evidence, deems excessive the penalty of termination. Applying the principle that discipline should be corrective and progressive rather than punitive, the Board notes that eleven years have elapsed since Claimant's last discipline.

"In cases similar to the instant case, the Board 'has taken the position that time held out of service is sufficient to impress an employee with the severity of his conduct.' See Third Division Award 22965. Accordingly, the Claimant shall be reinstated with seniority and other rights unimpaired, but without backpay."


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Last modified: April 29, 2005