Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8017
SECOND DIVISION Docket No. 7521
2-C&IVW-SM-'
79
The Second Division consisted of the regular members and in
addition Referee Ralph W. Yarborough when avrard was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute: (
( Chicago and North Western Transportation Company
Dis ute: Claim of Employes:
1. That under the terms of the controlling
agreement,
Sheet Metal
Worker Charles Lighty was unjustly suspended from the service of
the Chicago & North Western Transportation Compar~y from Septerlber
17, 1976
through October 1,
1976.
2. That accordingly, the Chicago & North Western Transpol~Lation
Company be ordered to compensate Sheet Metal ~,oxhex Charles
Lighty in the tzount of fifteen (l>) days, 8 r_ouxs per day fox
all time 1 ost until
returned
to service on October 2,
1976.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe ox employes involved in this
dispute are xespect.vely carrier and employe within the meaning of the
Railway Labor Act as approved ~~ane 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Carrier charged that employe Lighty violated Safety Rule No.
14
by
absenting himself from his job without permission at approximately
3:45
P.M.,
on September
4, 1976.
Employe at that time was regularly employed by
Carrier at its Chicago, Illit.ois shops, with assigned hours from
8
A.M.,
until
4
P.M. At the time and occasion in question, employe was seen
standing near his personal automobile with a water hose in his hand.
Employe testified that the car was parked in an area where Sheet Metal
Workers' work occurs; this wall, not refuted by Carrier. Carrier's witnesses
stated that "We assumed that he had been washing his car." This was an
assumption based upon circumstantial evidence, bat employe was not charged
with washing his personal car on company time, he was charged only with
violation of Safety Rule No. :L4 by "Absenting yourself from your job without
permission". An employe conceivably might possibly be shining his shoes,
`~ ( :5 O ~ ~ ~ O
CD ~ct
Y.
p 0\ f-
(D 0 pj P. (D co .4 0 ci~ (D
21 0
9
~ h rJ
T
:4 ~,t-~,j
· N h'~
C+
ca (D
>b c b chi-
Cn ~-b
G
,.
Y
p Ix
chi'
ca ~ ~ P0
O p C+
p (D
rl
0
C+
P~
N ~
ch ~l O· O ~ ~ (:~ N
O
r· ~ chi-
Ci-
m
~_,
.4 rs ~ c ,.
~v
cue. O
x
a. ~
02
~ o, ~ ~ m p
o_ n
a
p~ cn
~· ~~ ct~
m
U~ P, pi
p ~ r-~s r-; (D H cn
(D ~ O
1.
(D
N· :~ ~ O cD N ct-
c~-t- ;n
cr :5 , ~ '-., C+
P,
8
~ c'-
fu
0
~n
~o o,
rn ~ ~
N ~ ~ `° ~ ~ o
~r-
ma ~ °w
(D
cH
~ m _ ~~ o
(D O 11-1 C- ~~ ~(D 14 P) ~cFd
o
td H P, ~' s~
ct- :=5' ~ ~ O m
m· ~ ~ t-i ¢ ~' N· to P~ s-m (Dp
h ~
O N ~
cF c+ 0 3 ~ VO 7 cD ::; 'IZI c~-tw:d O
O ~ ~ O ca Fr "' ''S
'` t11 _r'~' G2 m C~ c+ ,O fD
p, (D lD
v 0 ~ f-' ~ Fl
O ;a
R, ~ s-!3 O "~Sp ' N ~
t~5 D U.t ",.3C+
' N ~ >
~ O d- ~ fi 0 N s^S
~* j ~ ''S O ~ c+ ~ N c+ !Z
`,. -. c+ CD CD f~
r-, O :~ O ~ s-4 r's ts' I '~, h
s ~ r5' ~ cd t-b
O yt1~. f'S N' ~ ~ O O
t;; ~ ' . .
O td ' m Ci- O" :3 r\) 0
ro ~- O N ~ N
fa. ~ -.r0 cue. ~.
a'
(D M
cF N· Lo
C-4 P) 0
N
N