The Second Division consisted of the regular members and in
addition Referee George A. Cook when award was rendered.
SYSTEM FEDERATION NO. 155. RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (MACHINISTS)
KENNECOTT COPPER CORPORATION-UTAH COPPER
DIVISION
DISPUTE: CLAIM OF EMPLOYES: That under the controlling agreement Machinist Helper D. S. Rydalch was unjustly dismissed from the service on October 17, 1945, and that accordingly the carrier be ordered to reinstate him to all service rights with pay for all time lost retroactive to the aforesaid date.
EMPLOYES' STATEMENT OF FACTS: D. S. Rydalch first entered the service of the Kennecott Copper Corporation, Utah Copper Division, on March 27, 1943, in the mills at the Arthur Plant and subsequently transferred to the roundhouse at Magna, Utah, on February 11, 1944, as a machinist helper. His regularly assigned hours of service were from 4:00 P. M. to 12:00 midnight on the basis of 48 hours per week.
On the afternoon of October 17, 1945, on his way to the roundhouse, D. S. Rydalch stopped in at the office of master mechanic and confronted Mr. A. J. Fitzgerald with a request for a five (5) day leave of absence. He was immediately informed by the master mechanic that he would "see about it and let him know." Thereupon, he proceeded to the roundhouse and changed into his work clothes.
Shortly after the start of his regular shift, Enginehouse Foreman, W. F. Harris, informed him that the master mechanic wanted to see him at the office. On reporting, he was told that his services were being terminated at once on the account of coming on the job under the influence of liquor.
POSITION OF EMPLOYES: The employes desire to- preface their contentions by pointing out that Rule 30 incorporated in the agreement of June 1, 1944, between the Kennecott Copper Corporation, Utah Copper Division, and System Federation No. 155 of the Railway Employes' Department, specifically provides where disciplinary measures are to be applied that:
in his behalf in handling the alleged grievance. (Exhibit 7). Employer was so advised not earlier than November 9, 1945. (Exhibit 8). No further action was taken by union until August 28, 1946. (Exhibit 9).
Rule 30 of the agreement has no application whatever; this for the simple reason that D. S. Rydalch quit and could not thereafter be discharged.
Rydalch, after having quit, was advised that he had been discharged. He could not assume that he had been suspended pending a hearing and according to Rule 28, he was bound to present a grievance, if any he had, within ten days. But twenty-three days elapsed before employer was notified of the existence of an alleged grievance and more than nine months elapsed before the matter was taken to an official higher than the master mechanic. Having failed to comply with the express grievance procedure of the agreement his claim is barred.
IMPORTANT: If this report isEmployer's Utah Registration No. 1810-011A not received within three days
after the employees separation Employer's Name-Utah Copper Company the employer will waive his Address-Magna, Utah
right to notification with respectto a claim for benefits and it Certified Correct by W. J. Hicks will be conclusively presumed
that the employer has waived Title-Employment Director all rights to claim ineligibility
or disqualification for benefits. Date Signed-10-17-45This form to be used only when worker may be ineligible or disqualified from
benefits.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.