(Advance copy. The usual printed copies will be sent later.)
I. Form 1 NATIONAL RAILROAD ADJUSTMENP BOARD Award No.
6567
SECOND DIVISION Docket No.
6413
2-REA-MA-'73
The Second Division consisted of the regular members and in
addition Referee Edmund W. Schedler, Jr. when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( REA Express, Inc.
Dispute: Claim of
Employes:
(a) That under the current Agreement, echanics L. W. Ford, 0. Herrington,,
W. K. Fullmer, 0. G. James and R. A. Hammett were unjustly suspended
from service twenty (20) working dais each, during the period October
5, 1971 to November l.,
1971,
in addition to certain additional days
the claimants were held out of service prior to their investigation,
which was held on October
8, 1971.
(b) That accordingly, the Company be ordered to compensate each of the
above claimants eight
(8)
hours pay at the applicable hourly rate for
each day the claimants were improperly withheld or suspended from t
service subsequent to October 1,
1971,
and that,
t
(c) Each claimant be made whole in all conditions of the applicable
agreement, i.e. qualifying for vacation, health and welfare coverage
under Travelers Group Policy No. GA-23000, no loss of seniority and
their records be cleared of such unjust suspension.
Findings: i
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.
Parties to said dispute waived right of appearance at hearing thereon.
i
This disciplinary dispute arose over the Claimants' leaving the job on or
about Friday October 1,
1972.
The evidence disclosed that pay day occurred on the
date in question and. Company did not pay the Claimants on that day. On Friday the
Company did say the employees would receive a "pay bill" the following Monday.
The following,provisions of the Agreement were relevant to this dispute:
i
Form 1 Award No.
6567
Page 2 Docket No. 6413
2-REA-MA-'
73
"Rule 8. All employes will be paid weekly. The work week for
payroll purposes shall be Monday through Sunday, with pay day
to be the folloding Friday. When a holiday occurs on Friday,
the pay day will be Thursday."
"Rule 28. Detained from Work. In case an employee is unavoidably
kept from work he will not be discriminated against. An employe
detained from work on account of sickness, or from any other good
cause, shall notify his foreman as early as possible. Three days'
absence without notice shall be deemed sufficient cause for
dismissal, providing employe fails to show satisfactory for such
absence."
"Rule
37.
Prior to the assertion of grievances as herein provided,
and while questions of grievances are pending, there will neither
be a shut down by the employer nor a suspension of work by the
employes."
It appears to this Board the Company either negligently or deliberately
failed to send the time cards in properly and the Claimants were not paid on time.
The Board notes that in the transcript the Company witnesses did not refute Claimant
Ford's testimony on page
3
relating to the time cards. The Board also notes that
Company witness Lie-del did not refute Claimant Ford's testimcny that Liedel, when
notified that the employees wanted to go hone, threw up his hands and said, "Well let
them go home."
As a practical matter the grievance procedure is not an appropriate remedy
for employees whose pay is delayed. The grocery man does not understand it when.
a Claimant tells him that he cannot pay for his groceries because his pay is tied up
in the grievance procedure. The only practical remedy is for the men to be excused
from work in order to make other financial arrangements for the weekend. The evidence
did not show that the Company clearly communicated to the employees that their jobs
were in jeopardy if they left work, and it appears that a supervisor after being
pursued on an error did excuse the employees in an off handed manner. In the opinion
of this Board there were mitigating circumstances to the absences on October 1,'.1972.
The agreement under rule
35
(f) states "the employe shall be reinstated and
paid for time lost." In the opinion of this Board "paid for time lost" is the hourly
cost for purchasing the employe's labor that the Ccmpany would sustain if the
employe worked. This cost includes vacations and health and welfare insurance
benefits.
A W A R D
The grievance is sustained.
1. The Company will immediately offer to pay claimants 0. Herrington, R. A.
Hammett., W. K. Fulmer, L. W. Ford, and 0. G. Jones at thQir applicable
rate of pa,,,- for
8
hours per day for 20 days suspension plus the days they
were held out of work prior to the investigation.
Rog
Form 1 Award No.
6 67
page 3 Docket No.
6413
2-REA -MA -' 73
2. The Company will offer to make each Claimant whole in qualifying for
vacation, health welfare insurance coverage, restore each Claimant to
seniority positions they held prior to their suspension and expunge from
each Claimant's personnel record this suspension.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By: -m. z
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 23rd day of July,
1973.