Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No-7665
SECOND DIVISION Docket No.
7492
2-SPT-SM-'78
The Second Division consisted of the regular members and in
addition Referee James F. Sceaxce when award was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
(
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That Sheet I-fetal Worker Richard A. Throp was unjustly and
arbitrarily suspended from the service of the Southern Pacific
Transportation Company (Pacific Lines) from October
16, 1975,
through and including November 14,
1975.
2. That accordingly, the Carrier be ordered to:
A. Compensate Claimant for all -vrage loss during the period
October
16, 1975
through and including November 14,
1975;
B. Make Claimant whole for all vacation rights;
C. Make pay=ment of hospital and medical insurance, group
disability insurance;
D. Remit Railroad Retirement contributions;
E. Wage loss to include interest at the ,rate of
6%
per annum.
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 or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved ,Tune 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.
The considerable record of this case leaves no doubt that the Claimant
was in violation of Rule 810 in that he was not devoting himself exclusively
to his duties, but irxstead, was either asleep in a company vehicle or
otherwise not in a position to fulfill his responsibilities of attending
to his assignment as a member of a bypass crew. The test=imony of a Carrier
Form 1
Page 2
Award. No.
765
Docket No. 7492
2-SPT-SM-'78
official was sufficiently corroborated by other officials called to
observe the Claimant's demeanor.
The organization has raised as a defense the fact that the hearing for
the Claimant was conducted in conjunction with two other employees charged
with identical violations of Rule 810, There is nothing to indicate that
this procedure denied the Claimant a fair and proper hearing. Finally, the
Organization's defense that the Company vehicle was in poor structural and
mechanical condition and ,possibly had permitted partial asphyxiation of the
Claimant (since the motor was running at the time of the incident) could
not b e substantiated on the record. The Carrier's actions were proper
under these circumstances.
A W A R D
Claim is denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSMIENT BOARD
By Order of Second Division
141/
rie Brasch - ::dtninistrative Assistant
Dated
I
Chicago, Illinois, this 15th day of August, 1g78.