Form 1 NATIONAL RAIT,.L.ROAD A.DJ`JSTN~'FTl'1' BOARD Award
0.
7335
SECOND DIVISION Docket No.
728I*
c_IHP_Si,I_
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
16(c)
and 17 when Sheet Metal Worker
Crimm George was refused permission to work his assigned position
at Diesel shops Kansas City, Missouri.
2. That accordingly, the Missouri Pacific Railroad Company he ordered
to compensate Sheet Metal Worker Crimm George seven (7) hours and
fifteen (15) minutes for 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.
This matter is similar to that in Award into.
738I+,
involving the
same Carrier and Organization. In this instance, claimant arrived
45
minutes
late, without prior notice to his foreman, and his place had been filled
from the overtime roster. Claimant was denied the opportunity to work for
the remainder of his shift. Rules cited in this claim are:
Rule
16 (c)
"The arbitrary refusal of a reasonable amount of leave
to Employes when they can be spared or failure to
handle promptly cases involving sickness or business
matters of serious importance to the Employe is an
improper practice and :nay be handled as unjust
treatment under this _~greement."
Form 1
Page
2
Award No.
738 5
Docket No.
728
?_;vT_srq_'
77
Rule
17
"Employes shall not lay off without first obtaining
permission from their foreman to do so except in cases
of sickness or other good cause of which the foreman
shall be promptly advised.
Rule
to
(c) has no application in this matter, there being no question
of a refusal of leave nor any allegation of the involvement of "sickness
or business matters of serious importance."
As explained in Award
No.7384,
Rule
17
does not direct itself to
anything other than conditions under which an employe may lay off.
Claimant's unreported tardiness, combined with his undisputed poor
attendance record, made reasonable the Carrier's actions in obtaining a
replacement. No rule violation was demonstrated to require the carrier to
put the claimant to work for a portion of his shift when a replacement had
already been obtained.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUS7MEINT BOARD
By Order of Second Division
y ~L..~
~.-.~.:
o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 1st day of November, 1977.