Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7+29
SECOND DIVISION Docket No.
7113
2-WT-CM-'78
The Second Division consisted of the regular members and in
addition Referee Nicholas H, z1m1aS when award was rendered.
( System Federation No. 106, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( The Washington Terminal Company
Dispute: Claim of Employes:
1. That under the current agreement, Car Cleaner, Ronnie Logan, was
unjustly dealt with when he was dismissed and dropped from the
Rolls and Seniority Roster of The Washington Terminal Company
effective June
2, 1975.
2. That accordingly The Washington Terminal Company be ordered to
return Car Cleaner, Ronnie Logan, to the service of the Carrier
with seniority and vacation rights unimpaired and compensate him
for all time lost since June 2,
1975.
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 ox 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 was absent fox five days without notifying Carrier. Claimant
was subsequently dismissed from service fox violating Rule 18, the pertinent
portion of which reads:
"5Jmployes absenting themselves for five
(5)
days without
notifying management shall be considered out of service
and dropped from the rolls and seniority roster, unless
justifiable reason can b e shaven as to why notice was not
given, or sent in."
Form 1
Page 2
Award No. 7+29
Docket No. 7313
2-WT-CM-'78
The organization contends that Claimant was disciplined and denied the
right to a hearing. It also asserts that Carrier failed to meet its burden
of showing that Claimant knew of Rule 18 since Carrier had ceased issuing
copies of rules to employes.
With respect to the first contention the Board finds that Rule 18 is a
self-invoking rule and discipline was not involved in this dispute. Several
awards of this and other Divisions support this view.
With respect to the second contention, the record shows that Claimant
signed a certificate that he was successfully examined on the rules, and
further that portions of Rule 18 regarding unauthorized absences were posted.
Under such circumstances, the burden shifts to Claimant to rebut the presunption
of knowledge established by Carrier. No rebuttal was presented in the record,
and the claim must be denied.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad
Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
semaxie Brasch - Administrative Assistant
Dated at Chicago, Illinois,
this 6th day of January, 1978.