Form 1 NATIOPL.4L RAILROAD AD.)U_Th_E1V'f BOARD Award No.
7781+
SECOND DIVISION Docket No.
789
2-sLSi-MA-'
79
The Second Division consisted of the regular members and in
addition Referee Abrahlar. Weiss when award was rendered.
International AsSociation of Machinists and
Aerospace Worl7ers
Parties to Dispute:
( St. Louis-San Francisco Railway Company
Dispute: Claim of Emnloyes
1. That the St. Louis-San Francisco Rail~ray Company violated the
contxolli.n; I`~L::eeznent, part iculs.x1.y Rule
35,
when they
unjustly
suspended 2.jach:i_nist
lv:.
Z.
lril7rvore fror~ Dece:^Zber
18, 176
throzzh
January 2,
1677
for hi s allege d. vvolaticn of Pules B arid C of the
Rules, Re~,rUlat9_ons, 'Saffety 1-3?_l es, and
Instruct-ions
Governing
Mechanical, De parvYriez2t Fn bloyees, form MP-1 Standard, effective
March 1,
157,
when. he allegedly caused a, deliberate wor;.;. slow
dozen on i~:ovembex
29, 1976.
2. That accordingly, the St. Louis-San Francisco Railv,a,y Co>:Zpany be
ordered to compensate I_e.chinist K. L. I^;i.LL;:ore in the amount of
eight
(8)
hours' pay at a M=~,ch-i.n:istts px~o
rata
ra;te oz pay for
December 20, 21, 22, 2~. 21; (Chz~ivt:ra.s Fve), 25 (Christmas D-.3y),
27,
28,
29, 30
and
31, 19 76
and. aanuwz:y 1,
1977
(New lear's
Day).
3.
Machinist K. L. Wi.llmox'e shall also receive all benefits
accruing
to any other
employee
i n active service, including vacation rights
and seniority ~arir.',Paired.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the erp:Lf,ye or ~mployes involved in this
dispute are respectively carrier and employe within the neanin` of the
Rail-vray Labor Act as approved june 21,
l(,)?4.
This Division of the Adjustment Board has jurisdiction over the dis.vat!':,
involved herein.
Parties to said dispute iuaived ,right of appearance at hearing thereon..
Claimant, a mo.ch:i_nist, was suspended from December 18s
176 through
January 2,
1977 fox'
ullegcdly cxasinG a. deliberate slovrctozm of
work
and
failure to _hux'~.'o?-an
wa_1
the vro~k assigned -to hL:i on the service track
during his tour of duty iTovemoex~ 29,
1976.
Form 1
Page 2
Award No.
7784
Docket No. '(6S89
2-SLSF-MA-`7o,
Claimant no
maL'Ly worked in the shop. On the day in question, znWxked
by inclement weather -- cold with -icy condit'cons -- Claimant -was assigned
to work on the service track dur-~.ng the second half of his shift,. Claimant
had last been .regularly- a~signed to the service track socie seven years
previous to that date, and he so infoxrned his immediate supervisor,
c4
,relief foreman.
At tho hearing, Claimant's activities on 1iovember 29 were described
by the relief fore-nan =~ n the foLlo;,ring tc:~-irs: he "was jias t out there
vralking around."; and. that vrith respect to the units on which he was to
work that d3;,r, "one roan could have perfox-med th:i.s n,ork e:L'L'icientl;;T ...
under nor-,Pal cixcum;,Wxces." i'h.e x~;:Lzcf Fo;ce:!°vn also te:,tifi ed that he had
tva-ice :C'uxn:1shed Clalamrc, vr_i_th he:?1? (an aprYwn~ice) that day, once at
Claimant's e~ecauest when he -was getting behind in his woxh , in order to get
the vroxk done on t~!a7.
But the ci.xcu.~nstaYaces that day were rot nor;r_a.1. The znachinist on
the next shift test~.-F'-ed that it took longer that day to do the
~,Tmrk
because "-It v:~.s i.cy, the rLu!rz:im; bo::,xds were icy, it was, cold, and the
cold
weather
maL(,s the oil -ran slow."
In addition, the: relief forc~an testified at the investigation that
he was mist.~r,en as '1;o the
amount
of vrox'> pcxzorncd by C:Lai-nant which led
to the eharFe against Cle.ixnan'c; tb.~:..:i; he had in undw?--tated what
Claimant actually did, and he then. proceedCa to itemize the specific
work pexfot.r.eci by Caai1;?.tt.
In short, the allegation that Claimant had not performed an adequate
amount of wo-i~k is not supmoirted
car
the record anti Carrier has not
sustained its burden of :0-.roof in that respect.
Tho record does not substantiate the charge against the Claimant and
the claim vaiL be sustained.
Claim sustained.
A v,T A R D
Attest: Executive Secretary
National Railroad Adjustment Board
R?ATIOM-L RULROAD ADJUS'1'1
~ L
rT
BOARD
By Order of Second Division
_._~r_.___~.__. ~,_.~.__ ___.___.____.
iS
U
Dated at Chicza.co, Illinois, this
~I-th day of Jatluary, 197: