Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7632
SECOND DIVISION Docket No.
7184
v
2-SISW-CM-'78
The Second Division 'consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( System Federation No.
45,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
1. That the St. Louis Southwestern Railway Company violated the
controlling agreement and the Railway Labor Act when it posted
notices to all Mechanical Department Employees changing the
provisions of Rule 15 of the controlling agreement.
2. That the St. Louis Southwestern Railway Coma ny violated the
provisions of Article V of the August
21,
1954
General Agreement.
3.
That accordingly the St. Louis Southwestern Railway Company be
ordered to withdraw the notices of August
22,
1973
and October
30, 1974.
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,
1934.
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 dispute comes to us as a result of Carrier's posting of notices
at its Pine Bluff, Arkansas shops which, in substantive part, read as
follows:
,'ABSENTEEISM HAS BECOME A SERIOUS PROBLEM
The Schedule Agreement provides as follows:
'Employes shall not lay off from work without first
obtaining permission from their Foreman to do so,
except in case of sickness, or for other good reason,
in which case the Foreman shall b e advised as early
I
Form 1 Award No.
7632
Page
2
Docket No.
7184
2-ST,SW-CM-'
78
'as possible. When able to return to work, the employee
shall notify his Foreman in advance in sufficient time
that proper arrangements can be made.'
In order to curtail the unreasonable amount of absenteeism,
and in compliance with the above agreed rule, when desiring
to lay off an employee must contact his inmediate supervisor
or the General Foreman in charge and state his reason
therefor. The supervisor or General Foreman will determine
whether the reason is valid and either grant or deny
permission to be absent. In the event the employee is
physically unable to notify the proper authority, employee
will do so as quickly as possible, or have someone notify
the proper authority as quickly as possible.
When reporting back for duty, the employee must report
to his supervisor, or the General Foreman in charge, before
the close of his assigned shift the day before he will
return, due to the fact that his position may already be
filled.
F. D.
KREBS
SUPERINTENDENT"
We note from the statement of claim that there is no request for any
compensation and that the employes have framed their statement of claim
,requesting us to determine the validity of the above quoted notice in light
of the provisions of Rule
15
of the agreement between the parties quoted
within the text of Superintendent Krebs' notice. Within that framework,
we will. consider the dispute.
Firstly, we find that the grievance, as handled between the Manager of
Personnel and the General Chairman, is free of any procedural irregularities.
Secondly, turning to the merits of the matter, we observe that the
employes take exception to the last paragraph of the disputed notice which
requires that employes reporting back for duty must report to one of the
designated Carrier officials before the close of his assigned shift the
day before he plans to return. Carrier's basis for promulgating the notice,
and the last paragraph thereof, was because employes were engaging in
excessive absenteeism at Pine Bluff which Carrier wished to deter.'
This Board has repeatedly recognized the serious problem created by
absenteeism in the railroad industry. (Awards
1814, 5049
and 6240, Second
Divisaon). We have also recognized that each employe has an obligation and
a duty to report to work on time and work his scheduled hours, unless he
has good and sufficient reason to be late, to be absent or to leave early.
Those reasons must be supported by competent and acceptable evidence.
Form 1
Page 3
Award No. 7632
Docket No. 7184
2-SLSW-CM-'78
(Second Division Award 6710). Therefore, we cannot fault management for
taking steps to correct an absenteeism problem.
Rule 15 of the agreement, here in dispute, was drafted with the
intention that reasonableness on both sides would prevail when an employe
sought to return to work following an absence. The rule was also written
for the protection of other employes who, under other rules of the agreement
or procedures, might be filling a temporary vacancy or rearranging on a
position occasioned by the absence of a fellow employe. Likewise, the rule
also protects the Carrier's right to plan and arrange its work.
Under certain conditions, it may well be that an employe would have to
report to his foreman before the close of his assigned shift the day before
he will return so that proper arrangements can be made to place the employe
back on his job. However, under other conditions, where no one is filling
an employe's vacancy, it may well be possible for the employe to report at
a later time. And, conversely, if an employe has been absent due to
sickness or injury for a protracted period, it may well be that a period
longer than 16 hours would be required to make proper arrangements for the
employe's return to work. Whatever the situation may be, it is obvious that
the rule places upon the employe,the obligation to be cognizant of the
status of his particular situation so that when he does assert a desire to
return to work, he can notify his foreman "in advance in sufficient time"
so that the proper arrangements can b e made.
Summarily, we think the framers of the agreement had such factors and
examples in mind when they reasonably concluded that an employe, when able
to return to work:
"...shall notify his Foreman in advance in sufficient time
that proper ariangements can b e made."
Given this general background, we believe the parties can logically
and reasonably apply the agreement. To the extent that Carrier's notice
attempts to place a blanket, specific reporting time of an employe wishing
to return to work following absence, it is in error.
A W A R D
Claim disposed of as indicated in our opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
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Dated ~.t Chicago, Illinois, this 31st day of July, 1978.