Foam 1 NATIONAL RAILROAD ADJUST14EU BOARD Award No. 802-1
SECOND DTtlr-,) ION Docket No, 7790
2-NRFC-Ew-
t
79
The Second Division consisted of the regular members and in
addition Referee James F_ Scearce when award was rendered.
( System Council ITO. 7, International Brotherhood
( of Electrical Workers
Parties to Dispute:
(
( National Railroad Passenger Corporation
Dispute: Claim of T_tmloye s
r
1. That under the current; agreement, Electrician Gino L, Leggett
was unjustly assessed thirty (30) days suspension for a1_Leged
violat:i.oas of Rule F, J, NI and. Y of Rules o~.'' Conduct,
2. That, accordingly, the Carrier be ordered to compensate him
during
the period of suspension, unir4a,'_red benefits, including sack leave
and all other benez:i.u;> that ar~: a condition of eirployment unimpaired
and compensated fox
F::'La. loss
time
plus 6;;
annual interest on all
such lost wag es, also reirubutsed for all loss sustained account
loss of coverage of health as.id veJ.fa,re and life insurance agreernerzts
during the time held out of service.
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 or employes involved in this
dispute are respectively carrier and employs within the meaning of the
Railway Labor Act as approved June 21,
1931,
This Division of the Ad'2,ustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived
right
of appearance at hearing thereon.
The suspension in this case grew out of a confrontation between the
Claimant and two (2) AMTRAK Police Officers. The Claimant is charged with
violation of Rule F --
pertaining to
using safe work practices and observing
safety regulations; Rule J - pertaining to acceptable personal conduct
on the job; Rule M -- pertaining to using work time for non-work relates:
reading, etc; and Rule Y -- pertaining to a duty to obey and conform with
instructions issued by the Carrier. The essence of the. charges against
the Claimant is that he was improperly parked in a restricted area, reading
a newspaper when approaches. by two A14MK Police Off'icers. His initial
reaction to their query as to his being there and for identification was to
ignore them. When they endeavored to open his car door, he purportedly
closed. the window, started his car and sped away at an excessive rate.
Form 1
Page 2
Award No, 8021
Docket No. 7790
2-rTRFC-Fw-
· 79
Giving the Claim.~,nt the benefit of the doubt as to Rules M and Y, the
record is sufficient to support the Carrier's disciplinary action on
violations of Rule F and J. While the Organization may wish to argue
"shades of gray" as to the extent; of the Claiznarit's disdain and disobedience
to efforts by the AMTRAK Police to carry out their responsibilities, the
transcript leaves little to be doubted that the Cla:iniant's conduct was
patently unreasonable and unacceptable. We find the record sufficiently
supportive of the discipline assessed against the Claimant.
A W A R D
Claim is denied.
Attest: Executive Secretary
National Railz
o2
d. Ad.4ustlment Board
NATIOMZ RAILROAD ~UJ(Tr~ T~!ERi' BOARD
By Order of Second Division
R a aie Brasch
dministr'
ive Assistant
- Administr.t
hi Ist day of August,, 10,/79.
Dated atj cago, Illinois, this