Foxzn 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8105
SECOND DIVISION Docket No.
7932
2-SCZ-CM-'79
The Second Division consisted of the regular members and in
addition Referee Abraham Weiss when award was rendered.
( System Federation No. 42, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated terms of the
controlling agreement when they suspended Carman Apprentice
Luther Cochran from service July 11,
1977
through August 9,
1977
(30
days).
2. That the Seaboard Coast Line Railroad Company be ordered to
compensate Carman Apprentice Luther Cochran for all time lost,
eight
(8)
hours each day, forty (40) hours each week, at pro
rata rate for the time of his suspension.
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 employe within the meaning of the
Railway Labor Act as approved June
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.
Claimant, a Carman Apprentice, was suspended from Carrier's service for
30 days, from July 11,
1977
through August
9, 1977,
for violation of Carrier's
Rule
26
which states:
"Employees must not absent themselves from their duties
without permission from the proper authority."
At the time of the incident giving rise to the charge, April
30, 1977,
Claimant had served as an apprentice for about two and one-half years. On
the day in question, Claimant was instructed to disconnect yard steam from
the rear of. Train
84.
When Claimant broke the steam connection, live
steam blew from the pipes. Claimant clocked out, allegedly without
informing his Foreman, but asked a Coach Cleaner, present at the time he
punched his card out to tell the Foreman he had a headache and was leaving.
Form 1
Page 2
Award No.
8105
Docket No. 7932
2-SCZ-Cry- ' 79
Claimant asserted at the hearing that the Foreman told him that he had
turned off the steam valves. Claimant also stated that he had never done
the work before but when questioned stated that he had disconnected steam
connectors "without the steam on them".
The record indicates that Claimant was reluctant to perform the work
of disconnecting the steam, suggesting to the Foreman that a Pipefitter be
assigned to the task. The Foreman testified that Claimant was the only
employee available at the time to do the work.
No evidence was presented that the operation was unsafe; that Claimant
received any injury, Claimant testifying that he was not injured; that
Claimant reported to the Foreman that he was leaving to go home or that he
received permission to leave his duties.
Claimant's witnesses testified he told them that he had no permission
to leave.
The Foreman testified at the hearing that Claimant did not inform
him that he was going hc-ne or that he was sick, and that the Coach Cleaner,
relaying Claimant's message, did not tell him Claimant was sick but only
that Claimant was going home.
Claimant had been an apprentice for two and one-half years when the
events described above occurred. He should have known how to safely perform
the job assigned him. He acknowledged that he did not comply with Rule 26.
The record further disclosed that Claimant had previously been suspended
for violation of Rule 26.
We have no reason to question management's action in imposing the
discipline meted out and, accordingly, we will deny the claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTME-1VT BOARD
By Order of Second Division
By ,,,/~c..!~d~
o emarie Brasch - Aci:tiinistrative Assistant
Dated at Chicago, Illinois, this 27th day of September,
1979.