Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7782
SECOTTD DIVISION Docket No.
7623
2-MP-CM-
' 79
The Second Division consisted of the regular members and in
addition Referee Arthur T. Van Wart when award was rendered.
( System Federation No.
2,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad. Company violated Rules
17
and
32(a) of the Controlling Agreement when they arbitrarily disciplined
Cayman G. Vl. Bland by not allowing him to work his regularly
assigned job, January 25,
1976.
2. That, accordingly, the Missouri. Pacific Railroad Company be ordered
to compensate Cayman G. W. Bland in the amount of six and one-half
(62)
hours at the pro rata rate fox January
25, 7.976.
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 ox employes involved in this
dispzte axe respectively carrier and emlojre within the meaning of the
Raihaay Labor Act as approved June 21,
19 3T+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant Carman, on January 2.5,
1976
was filling a vacation job in
Carrier's Kansas City departure yard. The assigned hours of such job were
7;00 a.m. to
3:CO P.m.
Claimant failed to report for his job at
7:00
a.m. on January
25,
1976.
A Cam an i;~as called therefor from the overtime board at
7:20
a.m.
to replace Claimant.
Claimant phoned the General Car Foreman about
7:x+0
a.m. to advise that
he wotiLd be late. Claimant was advised that another man had been called
in his place, that lie should not come in and that he would not be permitted
to work. Claimant ;>hovred up for his assigrznent after 8:00 a.m.., but was not
permitted to zwrk. C1a:~znunt here seeks
6
1/2 hours nay pro rata fox not
being penni-tted to zaox<_ his assignment on January
25, 1976.
Form 1 Award No.
7782
Page 2 Docket No. 7623
2-MP-CM-t79
The Employees argue that Claimant complied with agreement Rule 17 by
calling his Foreman to inform him that he would be late, that thereafter
Claimant lived up to his part of Rule 17 and xepox~t,ed to protect his job.
They allege that by sending Claimant home Carrier hE~.d violated Rule 32(a).
Rule
17
provides:
"Employer shall not lay off without first obta-fining
permission from their foreman to do so, except in cases
of sickness ox other good cause of which
the fore-man shall
be promptly advised."
Rule
32,
in ,pertinent part, reads:
"(a) an employee covered by this agreement shall not be
disciplined or dismissed without first being given a fair
and impartial investigation."
The Board finds that Claimant was not being disciplined when he was
not perm-Itted to work his assign_uent on January
25, 19?6,
after reporting
thereto almost an hour and one half after its scheduled starting tine.
The Agreelment requires Carrier to establish. remv1_ar jabs with rev;1·Iar
scheduled hours. The Emplo;;ree who taz:cs one of suet? regular jobs thereby
incurs an obligation and duty to protect same by reporting on time thereto.
The success of Carrier's operations axe predicated on the: necessary number
of employees productively woxitin and carrying out their assigned duties
within the prescribed scheduled hours.
Here, Carrier concluded, as of 7:20 a.m., that the number of authorized,
trains requiring pre-departure inspection and air tests were such that
C1aLnant's job had to be imrlediately filled. Carrier, because of Claimant's
failure to call, had no knowledge at that particular time whether Claimant
would ever show up. Hence, Carrier was put to an unnecessary expense by
being required to call in a caiman from the overtime Board in order to
protect its operations.
Claimant had no contractual claim to his assignment on January
25,
1976 after he failed to timely- xenon thereto. He also failed to timely
notify his foreman a» to his absence and the reasons therefor. Claimant
had been gut on pro ?~er notice at
7: 40
a.m. that another man had. been called
in his place. The prevailing circumstances at that time voided any possible
use of Claimant.
Rule
17
provides no support whatsoever fox the instant claim. Said
Rule concerns itself solely with an e~.nploye's obligation re-lative to his
laying off. Such was not here involved. This Division,, in its Awards
7384
and.
7385
(P:1a=.), denied ci_a3.ms on this property involving similar
situations and the same rules.
There is neither merit or rule support fox this claim. It is denied.