Form 1 NATIONAL RAILROAD ADJUSTP;ILPil' BOARD Award No. 
7573
  
SECOND DIVISION Docket No. 711-57
  
2-RF&P-CM-'78
The Second Division consisted of the regular members and in
addition Referee Walter C. Wallace when award was rendered.
( System Federation No. 
4, 
Railway Employes'
( Department, A. F. of L. - C . I. 0.
Parties to Dsoute: ( (Carmen)
(
( Richmond, Fredericksburg and Potomac Railroad Company
Dispute: 
Claim 
of 
Lmployes:
1. That ~az~nan-Ten -t~;;tive, A. A. White was unjustly disciplined by
 
suspension of eight working days as result of inve2tigati on held
 
in the 2:1aster T`echanic's office at 10:30 a.m., Wednesday,
 
October 2 2, 
1975. 
The charges were not proven to be true and
 
White was not afforded the opportunity to secure necessary
 
witnesses in violation of mule 
34, 
also that the Carrier did. not
 
coI'.1qly 
with provisions of the "Memorandum of Understanding, dated
 
May 
19, 1969.'1 .
2. Accox~dinL;ly, Cax7?~an-Tent ative, A. A. Whig is entitled to be
co_~p°nsated ei_6h t (8) hours at carmon' s applicable straight time
rate each date, October 20, 21, 22, 
23, 26, 
27, 2v and 29, 
1975,
also that the entry of ;aid investiCation be stricken from
Vdhite's personal record.
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, 19311.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The claim arises 
orat 
of a dispute at Carrico's Potomac yard near
Alexandria, Virginia, wl°..er a the interchange of freight cars moving north
and south i~ ;^ i out. The 
fw 
.aix 
vr' no.Z:c' 
s '' by
c 
N 
carried :_ed out. The C1a-~.~.:xc is 
a ct.,.=_rwi x _r.=w_ ~ ~. d
:.~,ciplineu ,,
a suspension of eight 
(8) 
workinS days. He was working the rz-idnight to
8:00 a.m. tour of duty on the extra. force which fills in for vacation
vacancies and other work where needed and u ^ assigned by the car foreman.
The specific problem nro se when another ca rnwn rc_ported sick and 
claknan-I;
was ordered to report to -the piCggb.ach ramp to fill the vacancy.  Clainant
Form 1
Page 2
Award No. 
7573
Docket No. 
7457
2-Rt''&P-CM-' 
78
regularly worked such ralap four days of each week, working the extra force
on the fifth day. Claimant began work at the ramp at approvLnately
6:05 
a.m.
At 
6:30 
a.m. the foreman for the d,ay shi'f't learned he would be short
men and addit:Lonal men would be needed to conwlete the work to meet
schedules. As a result i.t i%-as decided ,,hat ciainaat wc7ald be needed to
work beyond his shift on over-ti:ne. Mien Iie zras notified cla:ii:wnt indicated
he did not sTant to work over,ti2re. Claj3,jant indicated rte was too tired.
Therea-fter, claimant clocked. out at 8:00 a.m. and suasequently called. the
foren.an and told 
i:1 
1 
M 
he wo-a:l d not r ~:n~.:i n to work the overtime. Claimant
was advised he v.ocld have to protect h_I_s assignment or be taken out 
of
service. C 1_airnalxt there. left she yard.. As a cons e,--rnenc e, clairiarriu-
1
Chc`3,r~"'~G:d with 
iLb`c?,Y!i.o11.:1.i1L-I 
his 
d,3:LFJnl:'e11t 3.~E1tE.f 
bE:1h.ca.r1.`_",trt:CC'1 to stay 
011
di).ty. Thereaf`te~:, 
C'.n 
investl';ation 
,~,-a5 
Conducted p17xs'aant to i:ule
of the agreanient. A:; a conseLIuence, clad:iant v:as :found .guilty and discipline
was irilposed.
A review of 'the record here surpoi°ts Carrier's contention that -it 1:lei.
its burden of prc)o:= 
r~-y 
st;.bT.9~i;'t11~ 
SZabst,lrtial 
evidence 
that c:Lv.__~1~nt
abandoned his aSZ·:iL:,t??.?C'n';:. 
RefuS7.ng 
over'~-?1:,- and le·3.vn-, all 
B.S: 
i;ri;!:.11t
withou'i. 
peL1niSS'ion 
arc of:ienz,C~S that cou-.d have serious cons 
eclaC'1-1CeS 
on a
railroad. The cl aimailt here mlinta7 
1')- 
h.~. -r,-,^_., 
too 
f~'61q;aod 
to 'w~or'_-- the
overts:ne. We re,-L-cr 'to l_,~Tard 
7062 
(=Forr:;_;,) that, :i_nvolved a similar fact.
situation and, sGe 
believe 
tl?.E~' 
2'C?a.5On121_~ t,1~t?Z'e Lac e:.~);tO_'tCL~t.C3n here. 
T=1~iC11
as a'4T'D-oleo the clal:ri-,nt lucked a valid ro'ason for 
~..C~;.'G".Ln~ 117.5 
aSSi-1i.I1ent
and refusing overtime. 
IU '- 
i,- inC~.~^"::bent on eqjloyes to follow supe.rv4-sor Y
instructions and nc;t tw?~e .na:ttF~>r~ i11to tlzu:ir 
ou-11 
hands as was done here.
Insofar as the charge;, were proven and the Ca'rrier's imposition of
discipline i-ras neither arbitl-arv, c~='~r:Lcious nor uureasonable, this Eoard
has no bas:I.s to disturb Carrier's actions.
A W A R D
Claim denied.
TiAT10T ,:AL RAILROAD ADJUSTTrNT BOARD
33y Order of Second Division
Attest: Executive SlccretarT
 
National. Rail-(,o~d Adjustment
  
r '/
    
r
 
ear 1 E:_.13r'c:, 
SCh - :~>CL:17 T1:1 S'LJ'2,t:1'1~'t'- E'~5 i N
"~a1J,t
Dated 
at Cllx.car;o, :1:1'! inoLs, VA s 23rd day of June, 
1978.