Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award. No.
7+32
SECOND DIVISION Docket No.
711+x+
2-SOU-EW-'
'!'3
The Second Division consisted of the regular members and in
addition Referee Nicholas H. z1RT1aS when award was rendered.
( System Federation No. 21, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Southern Railway Company
Dispute: Claim of Employes:
1. That the Southern Railway System removed Telephone Maintainer H. W_
Bohannon Jr. from service without just and sufficient cause and
in so doing deprived him of his rights to earnings from February
4:,
1975,
until such time as he is restored to service.
2. That accordingly, the Southern Railway System be ordered to restore
Telephone Maintainer H. W. Bohannon Jr. to service and compensate
him in the amount of all salary lost between February
4, 1975,
until such tine as he is restored to service, also that Carrier
b e ordered to restore his full rights and privileges, such as
seniority, vacation, insurance and arty other benefits, unimpaired.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox 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 were given due notice of hearing thereon.
On January 29,
1975
Claimant, a telephone maintainer, and another
telephone maintainer were working on their maintenance territory near Rome,
Georgia. They were instructed by their supervisor to report the following
day with additional clothing prepared to work the next couple of days in the
axes near Chattanooga where intermittent trouble was occurring. Both were
instructed by the supervisor to remain overnight at a motel in the Chattanooga
area in order to complete inspections before the weekend. Claimant did not
stay in the Chattanooga area the following evening (January
30, 1975)
as
instructed. Instead he returned to Rome, Georgia, ostensibly fox the purpose
of getting his clothes. An emergency situation arose that same evening and
Claimant could not be reached even though several calls were made at the
motel in Rome where Claimant resided. The following moaning (January
31)
Form 1
Page 2
Award No. 7+32
Docket No.
7144
2-SOU-EW-'78
Claimant called his supervisor and told the supervisor that he had spent the
previous night with a friend. When Claimant was asked why he failed to
follow instructions and stay in the Chattanooga area, he replied that
what he did after 5:00 P.m. was none of Carrier's business.
Claimant was dismissed from Carrier's service. After investigation
and hearing, the dismissal was upheld. The Board finds that substantive
evidence of probative value supports the action taken by Carrier. The
procedural objections raised by the Organization are without merit. Given
Claimant's prior record, there is no basis for disturbing Carrier's
discipline.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTNIENT BOARD
By Order of Second Division
By
T
emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 6th day of January,
1978.