Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
3213
SECOND DIVISION Docket No. 8111
2-SP(T&L)-CM
-'79
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
( System Federation No. 162, Railway Employes'
( Department, A. F. of L - C. I. 0.
( (Carmen)
Parties to D_is ute:
( Southern Pacific Transportation Company
( (Texas and Louisiana Lines)
I
Dispute: Claim of Elmployes:
1. That the Southern Pacific Transportation Company (Texas and Louisiana
Lines) violated the controlling agreement, particularly Rules
19
and
34,
when
they denied Carman P. G. Montena the right to work his regular assignment on
April 11,
1977
after he notified his foreman he would be late for work on that
date.
2. That accordingly, the Southern Pacific Transportation Company (Texas
and Louisiana Lines) be ordered to compensate Carman P. G. Montena in the amount
f
of eight hours
(8')
at the pro rata rate for April
8, 1977,
(Good Friday) and
'ive hours
(5')
at pro rata rate for April 11, 1977, Houston, Texas.
i
Findings:
The Second Division of the Adjustment Board, upon the whole record and
i
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.
On the date in question, Claimant Montena was scheduled to work the day
shift at the Englewood Car Plant from 7:00 A.M. to
3:30
P.M. He did not arrive
at work until 10:00 A. M. Since the employe was not available at starting time,
the Carrier made arrangement for another employe to fill his assignment on that
day. Upon his late arrival, he was informed that he would not be allowed to work
the time remaining on his shift. Mr. Montena filed the claim here under consideration alleging that he had sent word thraigh another employe that he would be
late that morning. His late arrival was caused by the necessity that he appear
in traffic court.
Form 1
'age 2
The Organization in support of its position cites Rule 19 which reads
in pertinent part:
"In case an employee is unavoidably kept from work,
he will not be discriminated against. An employee
detained from work on account of sickness or for any
other good cause shall notify his foreman as early
as possible."
Award No.
8213
Docket No. 8111
2-SP(T&L)-CM-'79
They also raise the issue of Rule 34, which requires a hearing before
disciplinary action may be taken. With respect to this position, numerous
awards of this Board have held that where there is no rule in the agreement
requiring that an employe be allowed to start work after his scheduled starting
time, the discipline issue is not germaine. The agreement here involved does
not give an employe the opportunity to report for less than a full shift as a
matter of right.
Rule 19 does protect an employe from discrimination in the event he is
unavoidably absent. It does, hcrtiever, contain a corresponding obligation that
the employ e notify his foreman as early as poss.bleo Numerous Board awards
have held that notification on the day of tardiness does not fulfill that
obligation when the employe knew he would be absent for some period of time
`,efore that date. In the case under consideration, an appearance in traffic
_:ourt is scheduled several days in advance of the date of the hearing.
Assuming that the Claimant notified the Carrier through another employe on the
morning of the day in question, as he alleged, we find that such action does not
meet the ear7_· as .possible requirement in this case.
1. The Carrier did not violate the contract when it
refused to allow the Claimant to work the partial day
remaining on April 11,
1977.
2. Since Claimant did not work on the scheduled day
following Good Friday as required by the agreement to
receive holiday pay, he is not entitled to such payment
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second
Division
Attest: Executive Secretary
National Railroad Adjustment Board
By:- ~E-,G-.G-s-~-Ld -l tQ
~~R~semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 19th day of December 1979.