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.