Form 1 NATIONAL RAILROAD ADJUSrl'PE1VT BOARD Award No.
7778
SECOND DI`TISION Docket No.
761+5
2-SET-FO-178
The Second Division consisted of the regular members and in
addition Referee Arthur T. Van Wait when award was rendered.
( System Federation No. .1_11+, Railway Employer'
( Department, A. F of L. - C. I. 0
Forties to Dispute: ( (Firemen &. Oilers)
.__.a____._~___
( Southern Pacific Transportation Company
Dispute: Clan of E:nployes:
1. That under the current agreement Firemen and Oiler Francisco
Williams, has unjustly smspended from duty effective 2Ylaxch 11+,
1977,
for a period a f forty-five ( L
E5 ) days
.
2.
That accordingly, the Carrier be ordered to:
(a) Compensate him for all time lost and with payment of
6
interest added thereto.
(b) Reinstate all . vacation rights to the aforesaid employe.
(c) Pay employer; group medical a.nsu.rance contributions,
inclu,ding group lr,edi.ca.l disability, dependents' hospital,
surgical and medical and death benefits y°cmiums for all
time that the aforesaid employe was held art of sex-.rice.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox carriers and the employs ox employes involved 9.n this
dispute are respocti.vely carrier and employe within the meaning of the
Raihray Labor Act as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
:involved herein.
Pax~cieu to said dispute
waived
right of appearance at hearing thereon.
Claimant on January
29s 197`T
eras x'effuaarty assa. fined as a Lauaxer,
11:00 p.m. to 7:00 A.Tvl,, in Carrier's Mechanical nepar;,m:e.;t's facility,
Vilest Cotton, Ca,liornia. He reported fox duty at 12 r._iati:i ght on J:-:.Yzuary 299
1977.
After a search for Claimant on the premises had bean made,
lie ~-a v
found to be miss-fine, from around 1 A.M. until
3
A.M. aril that his van vas
also missing; from the pa.rlii.r.g tat. Claauant tall the Uonexal Foreman that:
he had.
been
asleep in a locomotive unit on the
service track
and that he
left the p1°apex ty to et med.icat ion for a headache.
Foam 1
Page 2
Award No.
7778
Docket No.
76+5
2-Sff-FO-'78
Claimant wa,s given a formal investigation fox such absence as well as
his absence on
5
other occasions, and fox being late fox duty fourteen (11E)
times, November 1, to January 30,
177.
As a result thereof Claimant was
adjudged guilty as charged and xeccived a forty.-five
(45)
day suspension
as discipline therefor.
Claimant received a fair and i,nnaxtial heax:in.o;. Sufficient evidence
was adduced, in::l.udi.ng Claimant's admissions, to support Carrier's conclusion
as to his culpability.
Carrier gave consideration to Claimant's .ilea, that fa.,n:i7y problems
were the causative factor in his absenteeism and tardiness problems, and
that such la!M.pro-b eras had now been corrected and that C1.a:i:~!ant would be
responsive to his obligation to properly protect his assig?z:nent, when it
as:,essed the reasonable discipline herein. We find no cause fox any
change thereof.
Whale the Board notes there is no basis for rule support shoran fox
part 2(a) and (c) of the Claim filed herein the claim in its entirety is
denied.
A W A R D
Clan
denied.
Attest: Executive Secretary
National Railroad Adjustr-en+ Board
NATTOI`TAh R1.ihR0AD P>DJtJS`i'i~'Ufif BOARD
By Order of Second Division
y y ,_ ys ~. _ ~. ._~,. ,~·: -a
d,.-
_,,~-"ljosoznax:i.e Bz°ascYl -- ndnnist,ra-cve Assistant
Date
I
/ at Chicago, Illinois, this 20th day of December,
J_978.