Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7753
SECOND DIVISION Docket No.
76+1
2-BTdI-BM-'78
The Second Division consisted of the regular members and in
addition Referee James I''. Scearce when award was ,rendered.
( System Federation No. 7, Railway Employes'
Department, A. F. of L. - C. 1. 0.
Parties to D:isput.e: ( (Boilermakers)
(
Burlington Northern Inc.
Dispute: Claim of
1. That, in violation of the current agreements, Boi1e>_n:a.kex W. B.
Brea?;ey vras unjustly dealt with, when on date of October :1.),
176,
the Carrier assessed a ten (10) day disciplinary suspension ffO=a
the service Of -tine Carrier.
2. That, accordingly, the Carrier be ordered to make the Claimant
whole, compensate him for all lost time as a result of the unjust
suspension, and the ,record. of the suspension be removed from his
personal record.
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 June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dzspite
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The record shows that on September 10,
176,
Claimant left his assignment
as Boilermaker Welder at 8:30 a.m. after being on duty for an hour and a
half in ,response to a cast. alerting him to the illness of his sister. His
immediate supervisor not being readily available, Claimant "left word" with a
felloca employee, although other members of supervision were in the area. Tie
cited the emergency nature
a7:,
the situation as the impetus for his abru-ot
departure. An investigation was held and thereafter the Claimant was
assessed a ten-day suspension fad: absenting himself from work without .prope:r
authority.
The Union contends the
investigation
was pro forma,, since the Gavier hQ.
already determinedwtile Claizn:urzt=s gv.'1t, and that the Carrier',,; basis for
discipline -- the Ca_a:imarit's failure to receive proper authority -- was a
"mere technicality", considering the uneryency nature of the situation.
Form 1 Award No.
7753
Page 2 Docket No. 76T+1
2-BNI-BM-'l8
We find nothing untoward in the conduct of the investigation to support
the Organization's claim. It is clear that the Claimant left his assigz~.ment
without notification to supervision of his need to do so and without a._pprovel
in that regard. Adhel-ence to proper and, in this case, clearly reasonable
notification pfocedures hardly qualifies as a mere technicality-. Tiie entire
superior/subordinate relationship of the industrial process is predicated
upon proper co=nication.
Having determine. the Carrier's decision to issue discipline is proper
here,, we find no reason to upset the level of such discipline.
A W A R D
Claim is denied,
TvTATTONAL RAIT-,POAD ADJUSTMEITT BOA-RD
By Order of Second Division
Attest: Executive - Secretary
National Eai1road Adjustment Board
' ts~.
,.
~^ ,.¢ .,
_v~` .'" ·,~ - - a.~.n
owl
BY ~ . _ . ~.,; _
'I-k~se?:~ax·ae !3rasch - t~dministx~avIve Assist-ant
Date(at Chicago, Illinois, this 29th day of November, 178.