Form 1 NATIONAL RAILROAD
ADJUSTnTINT
BOARD Award No. 738+
SECOND
DhTISION Docket No. 7299
?_iv[P_SM_
t
77
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the controlling
Agreement, particularly Rules 1, 17, 32(a) and
33
when Sheet Metal
Worker A1 Meyer Jr. was refused permission to work his assigned
position at x+00 Yard Ramp Diesel Shops, North Little Rock, Arkansas.
2. That accordingly the Missouri Pacific Railroad Company be ordered
to compensate Sheet Metal Worker A1 Meyer Jr. seven (7) hours and
twenty (20) minutes fox such violation.
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,
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.
Claimant reported for work 42 minutes late, without prior notice of
tardiness to his supervisor. Based on the consideration that a replacement
had been called from the overtime roster, claimant was denied the opportunity
to work for his assigned tour and was sent home. The Organization cites
the following rule excerpts as being violated by the Carrier in this action:
Rule 1 Hour of Service
"(a) might hours of service shall constitute a day's work."
Rule 17
"Employees shall not lay off Twithout first obtaining permission
from their foreman to do so except in case of sickness or other
good cause of which the foreman shall be promptly advised."
Form 1
Page 2
Award No.
733+
Docket ido.
7299
2-M1'-SiM-177
Rule 32 (a)
"An employe covered by this agreement who has been in service
more than
30
days or whose application has been formally
approved shall not be disciplined or dismissed without first
being given a fair and impartial investigation by an officer
of the railroad."
Rule
33
"The Compares will not discriminate against any Committeeman who
from time to time represent other employes and will grant them
leave of absence
when delegated to represent other employes."
No basis whatsoever appears for finding violation of Rule 1 or
33.
As to Rule 32(a), the Board finds that Carrier's position entirely tenable
when it states that sending the claimant home was not disciplinary action,
but rather resulted from his reporting late without advance notice, causing
the calling in of another employe. As to Rule
17,
the portion referred to
by the Organization simply grants employes a right to "lay off" where the
absence is caused by "sickness or other good cause of which the foreman
shall be promptly advised." Even assuming that in this instance the claimant
advised his foreman as "promptly" as possible -- that is, by reporting to
work -- the rule does not go to the issue as to whether the Carrier is require
to give work to an employe reporting late.
The Carrier's action in calling for a replacement violates no rule.
In addition, it was a reasonable act, given the admitted necessity of having
a full crew of two of claimant's craft and given claimant's past history
of tardiness and "no report'".
Having reported late without advance notification, the Claimant is
in a tenuous position to demand, as a right, assignment to hart of 'nis
assigned shift. The Carrier's action did not constitute discipline.
Organization has failed to show arty rule violation.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
BY
`~ emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 1st day of November,
1977.
NATIONAL RAILROAD ADJUSTNEEN'I' BOARD
By Order of Second Division
The