OCT 2 b 1974
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6772
G. M. YOUR-/ N
SECOND DIVISION D2esL~NoMA.
-6~4
The Second Division consisted of the regular members and in
addition Referee David Dolnick when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Dispute:
(
( St. Louis-Southwestern Railway Company
Dispute: Claim of Employes:_
1. That the St. Louis Southwestern Railway Company discriminated
against the Machinist Craft, particularly Machinist K. E.
Galager, when on May 29, 1972, the railroad blocked a public
crossing for twenty-eight (28) minutes, creating a condition
that made it impossible for Galager to reach his job location
prior to the starting time of his assignment and subsequently
refused to pay him for a full eight hour day.
2. That Carrier should be ordered to make whole the Machinist
Craft by paying Machinist Galager for the time loss resulting.
Findings:
a
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, 193+.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
May 29, 1972, was Memorial Day, a paid contractual holiday. Claimant
was scheduled to report for work on that day at 7:00 a.m. He punched in
at 7:15 a.m. and worked until 3:00 P. M. He was paid for the holiday at
straight time and 7.8 hours at time and one-half rate.
The record shows, uncontroverted by serious evidence, that the only
way that the Claimant could reach his destination on the property was to
cross Carrier's yard. He was blocked by switching engines for about 25 to
', 30 minutes. There is no question that his late reporting was the direct
result of entines blocking the road. The fact that other employes reported
on time is no proof of arty deliberate act of delay by the Claimant.
Form 1
Page 2
Award No. 6772
Docket No. 658+
2-SLSW-MA-'74
No rule need be cited to justify the merits of the claim. Absent
proof that the Claimant was late because of some fault of his, the claim
is valid and should be sustained. See Second Division Award No. x+698.
A W A R D
Claim sustained for two-tenths (210) of an hour at the applicable
time and one-half rate.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board.
By _
emarie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this 17th day of October, 197+.
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