NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee A. Langley Coffey when award was rendered.
SYSTEM FEDERATION NO. 122, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. - C. I. O.
(CARMEN)
EMPLOYES' STATEMENT OF FACTS: The Pullman Company, hereinafter referred to as the Carrier, employs carman Mr. A. B. Harris, hereinafter referred to as the claimant, in their agency at Chicago, Illinois.
It is the habit of the claimant to come to work early in the morning, for the purpose of being on time and having a cup of coffee. On November 8, 1966, the claimant, as was his usual practice for many years, came to work at about 7:00 AM. approximately one hour before he was scheduled to report to work at 8:00 A.M. At approximately 7:02 A.M. the foreman approached the claimant and requested him to work. The claimant punched his time card at 7:02 A.M. and at that time advised the foreman that under the provisions of the agreement, he would be entitled to be paid two hours and forty minutes as the punitive rate. The foreman then said, "just a minute, I will double check to see if the regular man is coming in."
He then left the claimant standing, waiting, ready to be assigned to work. The claimant waited for almost twenty (20) minutes before the foreman returned. The foreman then requested him to go to work but told the claimant that inasmuch as it was now 7:20 A.M. that he was no longer entitled to be paid for 2 hours and 40 minutes at the punitive rate but would only be entitled to be paid on the minute to minute basis. The claimant, inasmuch as he had only been requested to work,
the Agreement, when he refused to follow instructions of Foreman Moore to perform overtime work immediately preceding and continuous with his regular bulletined hours on November 8, 1966. Further, it is shown herein that under Rule 5(c) of the Agreement, Harris properly was entitled to 40 minutes pay at time and one-half rate for the overtime work he was requested to perform. Additionally, the Company has shown that Carman Harris testified in the hearing that he did not perform the overtime work in question. Also, the Company has shown that the Organization in its claim to the Board does not request any rescinding of the ten (10) days assessed upon Carman Harris, but asks that he be compensated in the amount of approximately $240.00 representing lost earnings. Finally, it is proved herein that Management's action in assessing discipline upon Carman Harris is confirmed as correct by awards of the Second Division and of other Divisions of the Adjustment Board; and that, further, the action taken with Carmen Harris was not unjust treatment of the employe.
The Organization's claim in behalf of Carman Harris is without merit and should be denied by the Second Division.
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.
This is a discipline case. Carman Allan B. Harris, Claimant, assigned hours 8:00 A.M. to 4:30 P.M., Illinois Central Yards, Chicago, Illinois, was suspended from servcie for ten (10) days that presumably would have been worked by him, commencing December 22, 1966 and terminating January 4, 1967, after a formal investigation on December 6, 1966, pursuant to due notice to answer to the precise charge that he had refused to follow the instructions of Foreman F. E. Moore to perform overtime work immediately preceding and continuous with his regularly bulletined hours on November 8, 1966.
A stenographic report was taken at the hearing. The transcript is a matter of record before the Board and has been duly examined.