Award No. 3620
Docket No. 3785-I
2-AT&SF-I'60
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
-COAST LINES--
LENNIE ANDREWS--Coach Cleaner
DISPUTE: CLAIM OF CARRIER: Was Coach Cleaner Lennie Andrews
of Barstow, California properly dismissed from service as result of formal
investigation held on March 30, 1960?
CARRIER'S STATEMENT OF FACTS: Lennie Andrews was employed
by this carrier as coach cleaner in its Barstow, California, Shops on August 1,
1946 and was so employed on March 28, 1960. His hours of assignment were
11:00 P. M. to 7:00 A. M. working five days per week with Saturday and
Sunday off. On Monday, March 28, 1960, he reported for duty at his regular
time-11:00 P. M.
It is t,ie normal and routine duty of carrier's supervisors to check empty
passenger equipment. On the night of March 28-29 carrier's special officer
Ralph L. Dutro, accompanied on this occasion by Foreman D. Townson and
Foreman C. H. Payne, entered Chair Car 3061 at approximately 12:55 A. M.
March 29, 1960, and there found Coach Cleaner Lennie Andrews, the subject
of this submission, sound asleep.
Coach cleaners on this property are represented by the Brotherhood
Railway Carmen of America and the current agreement between this carrier
and System Federation No. 97 Railway Employes' Department AFofL effective
August 1, 1945 reprinted January 1, 1957, is on file with this Board. The
discipline rule in this agreement reads as follows:
"DISCIPLINE
Rule 331/2
(a) No employe will be disciplined without first being given an
investigation which will be promptly held, unless such employe shall
accept dismissal or other discipline in writing and waive formal investigation. Suspension in proper cases pending a hearing, which
shall be promptly held, will not constitute a violation of this rule. An
employe involved in a formal investigation may be represented thereat,
if he so desires, by the Local Chairman and one member of the
Shop Committee.
_ [228]
3620-4
231
POSITION OF CARRIER:
It is the carrier's position that the evidence
educed in the investigation supports the conclusion that Lennie Andrews was
properly removed from service for the following reasons:
1. That at 12:55 A. M. on March 29, 1960 Lennie Andrews was
found by Special Officer R. L. Dutro, Night Trainyard Foreman C. H.
Payne and D. Townson asleep in an unlighted, unoccupied chair car
that was parked on the coach track spur and it was necessary for
Special Officer Dutro to shine his flashlight in Lennie Andrews' eyes
in order to awaken him.
This action on Lennie Andrews' part constituted a violation of
Rules 20 and 22 of Form 2626 Standard, which have been quoted in
this submission but are here repeated for the convenience of the
Board:
"Rule 20: Employes must obey instructions from the
proper authority in matters pertaining to their respective
branches of the service. They must not absent themselves
from duty, exchange duties, or substitute other persons in
their places without proper authority. They must report for
duty as required and those subject to call for duty will be at
their usual calling place or leave information as to where
they may be located."
"Rule 22: Courteous deportment is required of all employes in their dealing with the public, their subordinates,
and each other.
"Employes must not enter into altercations, play practical
jokes, scuffle, or wrestle on company property.
"Employes must devote themselves exclusively to their
duties during their tour of duty."
2. That Lennie Andrews admitted in the investigation that he
was in Chair Car 3061, parked on the coach track spur, which is not
located in the area where he was assigned to work.
3. That being found asleep in a chair car away from the point
assigned to work Lennie Andrews
did in fact hide out at a time when
there was work for him to do; see testimony of Night Trainyard
Foreman C. Payne and Lead Coach Cleaner Lewis Johnson.
4. His representative, Mr. Reynolds, has admitted that Lennie
Andrews was guilty of violation of Rules 20 and 22 of Form 2626
Standard, as charged; see page 11 of transcript.
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.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
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232
Parties to said dispute were given due notice of hearing thereon.
The respondent, Lennie Andrews, in answer to the carrier's exparte notice
of August 1, 1960, advised the Second Division by wire August 31, 1960 that
"I do not wish to procede before your Board. My case is now
before the California Fair Employment Practices Commission. I
wish it to remain with this commission."
The carrier appeared at the hearing held before the Second Division on
November 30, 1960 but the respondent failed to respond to notice of said
hearing or appear at the hearing; therefore the assertions of record of the
carrier stand uncontroverted and the Division can find no basis for reversing
the carrier's position that Lennie Andrews, Coach Cleaner at Barstow, California, was properly removed from service as a result of formal investigation
held at Barstow, California, on March 30, 1960.
AWARD
Position of carrier sustained in accordance with above findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 12th day of December, 1960.