Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7669
SECOND DIVISION Docket No.
7523
2-WT-CM-'
78
The Second Division consisted of the regular members and in
addition Referee Ralph W. Yarborough when award was rendered.
Parties to Dispute:
( Washington Terminal Company
Dispute: Claim of Fmployes:
System Federation No.
106,
Railway Employes'
Department, A. F. of L. - C. I. 0.
(Carmen)
1. That under the current agreement; Upgraded Cayman Glen R. Selby
was unjustly dealt ~rith when he z~ra,s suspended from the service
on August 22,
1976
and subsequently returned on September
8, 176.
F
indings:
That the Washington Terminal Gowpar~y be ordered to pair Upgraded
Cayman Glen R. Selby 12 working days and clear his record.
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the eamploye or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railw,y Labor Act as approved June 21, 1,34.
This Division of the Adjustment Board has jurisdiction over the disgute
involved herein.
Parties to said dispute vra:ived right of appearance at hearing thereon.
Carrier contends that Claimant Glen R. Selby was in violation of
general Rule "Pd" of the rules and rep_lations of the Washington Tem. inal
Company, which prohibits amployes from entering cars, except i n pe.rfo:=ance
of their duty, and prohibits loitering in cars, and in tolaiion of General
Rule "0" "which ,reads in
-oa.rt, IT-To empl_oye shall be absent, from duty,'
when emT)lo~re 'was a:~,~sent from your position for 25 minutes at ^.pprox:~ately
2:30 P.m. on August 22,
1976.'''
When Claimant could not be readily located at hi; usual place of work
on August 22,
176,
at anpcox`utiatel y 2: 30 p.m. , an attempt i~ras made to
locate him by radio. When he did not respond to the calls, the Foreman
proceeded to look for him. When he was finally located, he was in a
passenger car talking to two other emplo;,res. He was imisediately taken out
of service and subseTaerrtly notified to appear for
investigation.
Foam 1
Page 2
Award No.
7669
Docket No.
7523
2-WT-CM-'78
At the investigation, Claimant stated he had to use the toilet facilities
and upon finding no paper in the one normally used, he utilized the toilet
in one of the cars. He states he did not know that another toilet alleged
to have been available was there. The record further confirms that the
other toilet is normally locked and the key is retained by the Storekeeper.
There are reasonable grounds upon which Claimant's reasons can be
accepted. However, it is clear that he was found talking to other errmloyes
in the car. Even though it may have been necessary to use- the toilet
facility in the passenger car, Claimant should have immediately returned
to his work location. This is particularly true since he had been away some
3.5 to 25 minutes. There are grounds to find some degree of guilt.
However, Claimant's removal from service p-nding the hearing is
another matter. Rule
29
of the Agreement provides that employes ray be
removed from service pending a hearing where major offenses are involved.
Major offenses are generally reco;nized as those which would endanger the
employe, fellow employes, the rniblic, or interfere with the operations
of the Carrier. See Third Division .^.;rard.s 20055 and 20913. ~'urthexmore,
Foreman Buckler at the investigation acl-Inowledged that the offense for ~~:~ic't~
Claimant was charged did not constitute a danger to the Carrier and was
not a x:iajor violatz on.
We find that Claimant was improperly withheld from service pending
the hearing. No time eras lost subsequent to the hearing. Claim 1 will
therefore be sustained. Claim 2 is sustained only for the twelve (12)
days wage loss.
A W A R D
Claim sustained as per findings.
Attest: Executive Secretary
National Railroad Adjustment Board
TaTTONA.L RAILROAD ADJUS1~4iETV'2 BOARD
By Order of Second Division
By _
,,;tf5's4narle
Br'asca
- P
'.dUr)lnlstrative -,~sslstant
Dated at(Chicago, Illinois, this 15th day of Auo)st,
19760.