Form 1 NATIOT~AZ RAILRO,I0 ADJUMTT·IKIT BOARD Award No, 8252
SECOND DIVISION Docket No. 8158
2-UP-End-' 80
The Second Division consisted of the reg:iar members and
in addition Referee I.ay Iqc:surray when award 7rras rendered.
( System Federation 1,?o. 105, R ail,~ruy Enployes'
( Department, A. E. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)

Union Pacific Railroad Company

Dis pute: C-1-aim of Employes:

1. That at the 7ortland Comrmnications Shop, Portland., Oregon on F.pri?. 7,

1178 the Union Pacific Railroad Campan;r zmjustly dismissed Equiraaent«wn

P. J. Rotherham.

2. ThatazLS.pment~.n P. J. Rotherham be restored to serz,,ice w; th all

seniority rights and benefits. uniranwired and be compensated for -all

lost tine from date of his dimnsissal.

Findin~s

The Second Di%'`i sicn of the Adjustment Board, upon the whole record and C.1?_ the evidence, finds tnat:

The carrier or carriers and the er'.'?lo;ye or

s~rit~ewp~.oyes involved in "his C1.SCL1i.o are respec'.,ive.:y carrier ?_, =d employe '~.e rr~eaning, of the Rai1T-ay Labor ?ct as approved June 21.

This Division of the Adjustment Board has jurisdiction over the dispate involved herein.

Parties to s a-1.d dispute waived ri~- ~zt of appearance at hea,rin- thereon.

Tile clai'_'I-:x?nt, P. J. hotherh"m, 4 s employed as ail equi frentman at the Carrf.er t s Portland, Or eSon, C owmunica Lions Shop.

Ile ups notified by letjer dated January 17, 19 78, to appear on Jarxu= ry 31., for an investigation on the f o] lowing c:l~:,r;es

irDlat on Friday, January 13, 1'`T8, at 3:_:JO A.I,.s you were

nOi'ivleUby tre is.U:n.Vr,T1r ,J 0':2::.CT t~_ O Cover television

l ~ > : `1 'f] Y7 T,i;··'-j r"j'1-.L J_=Ce. y anthat d that you L Le rge

troae_..~.s at the ~._ :i._.L ~._;, . Q ~zm ad ou a._._er~

responded i , ·f; ?' Y.:~;; ou zt.o,,:L~. not

by adv ~ a _r_., the ~ ~.fe ~.hie " t ..,t ,;

cover zltil --=.o:ni^ z,;. 'Ivis_s i i ?r7 o_ ~;_~ ~~, c-_P_ .iaiol >acii

is

? () of .. ; ib -_-Rle 70 the Union gar:f'°ic form 7903 , :aacs 7;o%rcrn n

Ihties and. Depor t , =e:t of -..~ra,;'nc ;~t~.>, 5afay in~x~zct o:N and

Use of Radio,. effective Oc''-.i-C)er a * Z9,'74j i11 Chat you failed

to oricomply i-ri th inmi:,rn.;.c~.,o_ ~roi -,.,e-l-. tyA "

t~_ons z:..r aLvz;,.,

Form 1 Award No. 8262
Page 2 Docket No. 8158
2-UP-EW-'80
Rule 702 (b) reads
"Employees must comply zrith instructions from proper
authority."

The investigation was postponed due to the claiz:ant's medical leave of absence and eventually held on April 4, 1978.

Folloframg an appropriate hearing at which all ^wrties were freely allo:,:ed to present testi_z-aony, witnesses and cross examine the penalty herein complained of was assessed on LPril 7, 1978.

The gravamen of the Carrier's case is contained _n the Wire Chief's log for the day in question. That lob in pertinent part reads:

"3:30 A.M., notified PJR (claimant) regarding TV circuits 2 and 3, suspects azmmpli f iers both out but won't cover until A.M. account not that hot. l;otified Chief Clerk."

The cla:iznant a-gees that the log is essentially correct with the exception that he said he would cover but it would be at 7 A.i.'.

While the fore(-oing beh~.vior nay not illustrate a complete breach of'.r.le 702(b) it does constitute _p_erfor^,:ance belcvr that ~s~:_~i~ the carrier is entitled. to expect and some form of discipline was appropriate,

Based upon the entire record, this Board views peranent dismissal as

unsuitable. Tha CI- -4,-anU has suffered fin uncial and Enfltional loss s'?nce h45
dischar E;e and it- is ---pr ezim'_ed that- such an ex peri=Ce ,..Lll be ,i'E_:edi al in na tlue.
He is aLmonished that lie should be motivated :-:ore by his res_nonfibility a s an
employee than personal convenience.

Claimant w ill. be returned to service with the Carrier but without compensation for tine lost.

nf,1TIONAL RAIIrr~-'.OAD ADJUSii.alU BQ_>lRD

By Order of Second Division

Attest: Executive Secretary
National Railroad %djjustcent Board
By
r

,oseriarie Br asc'_i -- n.a:,ainis trative assn stunt

Dat1ed at Chicago, Illinois, this 5th day of ivarch, 1980.