NATIONAL RAILROAD ADJUSTMENT BOARD Award lio. 8212
SECOND DIVISION Docket No. 8100
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
( System Federation No. 1, Railway Employes'
( Department, A. F. of Z. - C. I. 0.
Parties to DispuAet ( (Carmen)
( Consolidated Rail Corporation
Dispute: Claim of Employes:
(a) That the Carrier violated the
controlling
agreement when on
August 11,
1977,
it assessed 30 days actual discipline to Coach Cleaner
Michael A. Johnson, as a result of a hearing and investigation conducted
on August 2,
1977.
(b) That accordingly, the Carrier be ordered to reimburse the Claimant
for the equivalent amount of compexisation he would have earned during the
30
days of his supenfion, as well as any other compensation the Claimant would
have earned during the 30 day period he served as
discipline
days lost to b e
forwarded towards his vacation, remove all record of discipline from his
~ervice record, and Claimant's service record be restored unimpaired, plus
interest compounded on a daily basis, plus any overtime he would have
earned during the period he was off.
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 anti emTloye within the meaning of the
Railway Labor Act,as approved June 21,
19340
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Claimant, Michael A. Johnson, is employed by the Consolidated Rail
Corporation at its repair facility in Reading, Pennsylvania.
On July 28, 1977,
Claimant received a notice to report for a hearing
and investigation on August 2,
197';'.
That notice reads in pertinent part as
follows:
Form 1
'age 2
"You are :er eby notified to present yourself for hearing
and investigation in connection with your violation of
General Notice B, C, and D, and Rules 4, 5, and 7 of
Reading Company Rules for the guidance of all employees
which occurred on 27 July, 1977 at Wayne Junction Electric
Car Shop when you were found asleep in Car M.U.
9014,
at
2:45 P. M., to determine your. responsibility, if any, in
the matter ....''
The hearing proceeded according to the notice and as a result, the
Carrier assessed the penalty herein complained of.
Rule
4
is the one most pertinent to the allegation here under consideration. That rule reads in part:
Award No. 8212
Docket No. 8100
2-CR-CM-'79
'Undivided attention to duty is essential to safety
and efficiency. Sleeping, assuming an attitude of
sleeping ...while on duty
is
prohibited."
The other rules are peripheral to this rule for the purposes of this
discussion and deal with neglect of duty and devotion to the Company's
service while on duty. They need not be expanded upon in this award.
The organization raises certain objections to the specificity of the
charges and the manner in which the questioning was conducted. It seems to
this Board that the charge of sleeping on duty is specific. Further, the
conduct
of
the hearing had no bearing on the determination of guilt or
innocence. The Claimant testified that he was, in fact, asleep during duty
hours. Based on the entire record, the Claimant did violate the rules as
charged and there is nothing in the record to give validity to an excessive
discipline claim.
1. The hearing was appropriate insofar as the
gravamen of the matter under consideration is concerned.
2. The Claimant, by his own admission, did violate
Rule
4
and peripherally the other rules outlined in the
notice of hearing.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Boar4^
'y _/ _
osemarie Brasch - Administrative Assistant
Dated at!Chicago, Illinois, this 19th defy of December
19790