Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6926
SECOND DIVISION Docket No. 6727
2-SOO-CM-'75
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No. 7, Railway Eznployest
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Soo Line Railroad Company
Dispute: Claim of Employes:
1. That Carmen G. Singleton and G. Rahmer were unjustly suspended
fifteen
(15)
and five
(5)
working days respectively.
2. Accordingly, the Carrier be ordered to compensate Carmen
G. Singleton fifteen
(15)
days wages, Carmen G. Rahmer five
(5)
days wages, and the charges removed from their service record.
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.
Parties to said dispute waived right of appearance at hearing
thereon.
Because the facts and circumstances were identical, the claims of
both Claimants were joined.
Claimants were Car Inspectors working together. Both had doubled
over from their regular assignments in relief of 8:00 a.m. to x+:00 p.m.
vacation vacancy. At approximately
3:15
P.m. on the day in question,
a Yardmaster ordered them to start inspecting Train
#18
at Carrier's Shops
Yard. They refused on the grounds and for the reasons that they had alreaaly
worked 15 1/2 hours without lunch, that they had reports to fill out
before going off, and that if they began inspecting Trains
#18
they would
go into overtime.
Form 1 Award No. 6926
P-e 2
ag Docket No. 6727
2-S00-CM-' 75
Claimants were charged with insubordination. After hearing Claimant
Singleton was suspended for 15 days and Claimant Rahmer was suspended
for five days. Up to this time Claimant Rahmer had a clean record of 20
years' service, and Claimant Singleton had been disciplined by suspension
twice during his 24 years of employment with Carrier.
After reviewing the record herein, the Board can find no basis for
overturning Carrier's action. The evidence adduced warranted the action
taken by Carrier.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By ~~t.~
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 2nd day of September, 1975.