Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7883
SECOND DIVISION Docket No. 7+75
2-MST-Ew-t79
The Second Division consisted of the regular members and in
addition Referee Walter C. Wallace when award was rendered.
( System Federation No.
8,
Railway Employer'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Missouri-Kansas-Texas Railroad Company
Dispute: Claim of Employer:
1. Appeal of the September 20,
1976
discipline assessment imposed.
on Radio Maintainer D. D. Lee by the Misseuri-Kansas-Texas
Railroad Company for alleged indifference in the .performing of
his duties on September
9, 1976.
2; That, accordingly, the Missouri-Kansas-Texas Railroad Company be
ordered to lift the disciplinary penalty of ten days' deferred
suspension against Radio Maintainer D. D. Lee; and, to clear his
personal record of any and all notations resulting from the letter
charge dated September 20,
1976.
.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 employer involved in this
dispute axe respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21,
193+·
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 was assessed discipline for alleged indifference in performing
his duties on September
9, 1976,
ire had been dispatched to handle a
communications problem at Glen Park Yard, several hours distance from his
base. Claimant came to the conclusion the repair involved line work and a
lineman would be needed. He had failed to bring sufficient wire to effect
temporary repairs. As a result, he removed the radio console from the
yardmaster's office to the extreme other side of the building.
In effect, the claimant found the trouble but did not make repairs and
failed to notify his supervisor directly before returning to his base the
next day. The repairs were made by a lineman within 15 minutes on the
second
day without the need for climbing.
Form 1
Page 2
Award No.
7883
Docket No.
7T+75
2-TAT-Ew-'
79
The record contains substantial evidence 'to support carrier's conclusion
that claimant was indifferent in performing his duties on September
9
and
10,
1976,
within the meaning of the rule. Putting aside the issue of
climbing, claimant failed to carry with him to Glen Park a supply of wire.
When he was there and recognized that wire was needed he failed to obtain
the wire locally. If special authority was needed to acquire wire locally
then it would have been prudent for him to obtain such authority. Moreover,
his judgment that radio contact was effected by removing the console from
the yardmaster's office to the extreme other side of the building must be
called into question.
Based on a careful review of the entire record, there is sufficient
evidence for the Carrier to conclude that claimant did not meet the minimum
requirements with respect to the job assignment in question. Considering
the alternatives available and the actions taken by claimant, the record
supports carrier's actions. Even if we credit claimant's view in arguendo
that he could not be required to do line work, there is ample basis to
conclude he did not do all that could be expected of a skilled worker in his
classification under the circumstances. Carrier's contention must be given
credit that a failure of radio communications in a busy rail yard such as
Glen Park is a matter of considerable concern and claimant failed to respond
properly.
A W A R D
Claim is denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
,~` emarie Brasch- Administrative Assistant
Dated t Chicago, Illinois, this 4th day of April,
1979.