Form 1 NATIONAL RAILROAD ADJUTr.= BOARD Award To.
8132
SECOND DrVIST0_1 Doc'~-et 1140.
80?8
2-CR-P,:A-
'79
The Second Division consisted of the regular members and in
addition Referee Kay 11,Tc~:u.rray when award was rendered.
( International Association of Machinists
( and Aerospace porkers
Parties to Dispute:
(
( Consolidated Rail Corporation
Dispute: Claim of ~~nnloyes:
1. That the Consolidated Rail Corporation be ordered to restore
Machinist Kevin Belanger to service and compensate him for all pay
lost up to time of restoration to service at the prevailing
Machinists' rate of pay.
2. That Mach-_nist Kevin Belanger, be
compensated
for all insurwrzce
benefits, vacation ben::fits, holic"iay benefits and any other
benefits that r-_ ,ay have aceriied and eras lost dari n~ this _ser_od,
in accordance
with 2ule j--1
(e) of the prevailing Agreen_ent which
eras effective April 1,
11:76.
Findings
The Second Divis-*,.on of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the e:~ _pl o-,re or employes involved i n this
dispute are respectiv-:ly carrier and enplo-.~e ,,,rith.-n the :i;eaning of the
Railway Labo:t Act as an-,roved June 21, 1934=. .
This Division of the Adjustment Board has jurisdiction over the (.ispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On Jaguar-y
19, 1078,
Claimant, K. Belan-Lr, was assigned as a ::'.achinJ_st
at the West Detroit Dlesel facility
with hours fm:_
3:00
n.m.
to !? :00
p.:1=.
Upon arrival at the facility that day
he
r.:ar:ed off from 'cror=2 at 2:
45 _n.rua
and proceeded to the Oenz!ral Fore: _::~n' s efi:'-? ce to pic:= un_ his pay cheek. Cane
of his co-i.rorkers
informed
the Ceneral 1:breran that the Cl_limwnt was actin
Y;
strange and didn't arpewr
t0
be -.n ptoa~ r .~:Ll_:.t~e
_~Q
'.'2rT'OL"i: his duties. ~ile
Foreman did snea'_.: to .`r. Belanger ,.:nd believed he
de
tec ted the odor of
alcohol. A discussion ensued on the propei'ty and -.n the Foreman's office
with respect 'co wh,::~ther or not the Cla=.._,nt z;r<mid
~-a
a a blood test.
first indicated annroval
but,
then .Mated that he ;could t~=a the test only
frail his own dodo
ro
lie denied ~ uh:,.t he 1-,id bcen
d.---.L
:,~.-i:2:.ar . D~ari_n-, the
conversation, the Cl_`',i?nvnt
bLG,~L:-^°. 't?E'l2'!..';t';!'f-'L'lt:, h.S~d
abusive
l?:'l:7a~-~r_ G01er::=n
his opinion of the i'or e_ran and 1'nclu:-Tcd
a
ve_1_led threat in his state:-eats. ::
Form 1 Award
IT
8
2132
Page 2 Docket 'To. 8078
2-CR-r.Y-I - ' 79
was removed from service by the Foreman around
3:25
p.m. After an appropriate
hearing on February 14, 1978, the penalty herein corrlained of was assessed
on February 17,
1978.
Tide should ncte that the General Foreman eras unaware
that the Claimant was taking the day off at the bane of the disagreement.
This fact, had it been known, might have prompted a different outcome to tile
discussions.
This Board is of the opinion that the facts in the record do not
substantiate a finding that Safety Rule 4002 was violated. The general
actions of the Clwi.rment, his belligerent attitude, and abusive language,
however, cannot be cordoned and the Carrier was well within its r4_ghts
in
assessing substantial disciplinax-y action. Bq.sed
upon
the entire record,
however, the ultima.te industrial relations penalty of dismissal is
not warranted.
A W A R D
The Clair:nt :hall be
r
et,xrned to the service of the Carrier ;,ri_thout
pay for the tire lost but ·,-ri th all other contractual rights unir"-pa-l red.
Pj~tJ^lI0'.T ".I! ·ii''L'~ 0:?I> :~USL-___~h" EG=°~I~J
By Order of ' _=conk. Division
Attest: Executive Secretary
National _:a:Llroad Adjustment Board
By :..
_,:.
_ a'.
·-.,~._ ,.Mr
r.·..e.'.,A°
F;o~::arie Bi,ascL - -~:::unis=;a
.,-~ _f;_ _ S
'j_N~6a:yc
Dated at Chicago, l llinois, this 27th day
of
SeptE::r~ er,
1979.