?orzn 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7346
SECOND DIVISION Docket No. 7215
2-C&NW-MA-'77
The Second Division consisted of the regular members and in
addition Referee James C. McBrearty when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. That Machinist Fred J. Sigglekov was unjustly suspended from service:
February
to
through February 21, 1975, pending investigation. That,
following investigation, he was unjustly assessed ten (10) days
deferred suspension.
2. That Machinist Sigglekov be paid for each day's work lost February
16th through February 21st, 1975, (six days), eight
(8)
hours per day
at the applicable rate of pay for Machinists, that his record be
cleared of the ten (10) days deferred suspension, and that he be
given credit vacation eligibility for the time unjustly held out
of service.
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.
Claimant entered service of Carrier on January 19, 1972 as a Laborer.
On February 16, 1972 Claimant was promoted to Machinist Helper, which position
he held as of February 15, 1975. Claimant's work post is Carrier's locomotive
repair shop at Oelwein, Iowa.
On February 14, 1975, Claimant was notified by Carrier that he would
be required to work overtime on Saturday, February 15, 1975, since Carrier
had to remove eight
(8)
diesel locomotives from storage and prepare them for
service by February 17, 1975.
Claimant subsequently notified Carrier between 1:00 AM and 2:00 AM on
the morning of February 15 that he was sick, and would not be at work that
day. Claimant then missed both his overtime assignment and his regular shift
on Saturday, February 15.
NOW
Form l Award No. 7346
Page 2 Docket No. 7215
2-CaNw-MA-77
When Claimant reported for work on his regular shift on Sunday, February
16,
he presented a note from a local physician in Oelwein by the name of
Dr. H. S. Jaggard. The doctor's note raised some question in Carrier's mind
about the genuineness of Claimant's alleged illness. Therefore, Carrier
attempted to contact Dr. Jaggard, but was unsuccessful. At that point,
approximately
3:00
PM, Claimant was taken out of service pending investigation.
On February
19, 1975,
Claimant was notified by Carrier to appear for
a formal investigation on Friday, February 21,
1975,
as he was being charged
with "Your responsibility for your failure to properly protect a specific
work assignment in that you did not appear for overtime duty at the Oelwein
Shop on Saturday, February
15, 1975,
at 7:00 AM as you were clearly instructed
to do."
As a result of the investigation, Claimant -,~ms notified on March 4,
1975
that he was being assessed a 10-day deferred suspension, effective March 1,
1975.
Claimant had also 'been held out of service without pay from February
16,
1975
through February 21,
1975.
A review of the entire record in the instant case convinces us that none
of Claimant's substantive rights were violated in the hearing on February 21,
1975.
Moreover, there does seem to be substantial evidence of probative value
that Claimant was guilty of failing to properly protect his assignment on
February
15, 1975.
However, while recognizing Carrier's legitimate concern with getting
employees to work necessary overtime assignments, nevertheless, we find that
under all the circumstances of the instant case, that Claimant's offense does
not constitute an "extreme case"' under Rule
35,
justifying "suspension pending
a hearing."
Therefore we direct that Claimant be paid at the applicable rate of pay
for each day of work lost from February
16
through February 21,
1975.
A W A R D
Part 1 of claim upheld in part per findings.
Part 2 of claim upheld in part per findings.
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Forth 1
Page
3
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
7346
Docket No. 7215
2-C&NW-MA-
t
77
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By J It._
os arie Brasch - Administrative Assistant
Dated at hicago, Illinois, this 8th day of September,
1977
i
lqw
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