Form 1 NATIONAL RAITROAD ADJUSTMENT BOARD Award No.
8304
SECOND DIVISION Docket No.
8097
2-CR-CM-'
80
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 T. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:
(a) That the Carrier violated the controlling agreement when on August 1:L,
1977,
it assessed 30 days actual discipline to Coach Cleaner William A.
Torres,, as a result of a hearing and investigation conducted August ;?,
1977.
(b) That accordingly, the Carrier be ordered to reimburse the Claimant for
the equivalent amount of compensation he would have earned during the
30
days of his suspension, as well as any other compensation the
Claimant would have earned during the
30
day period he served as
discipline days lost to be forwarded towards his vacation, remove all
record of discipline from his service record, and Claimant's service
record be restored unimpaired, plus
6%
interest carnpounded on a daily
basis, plus any overtime he would have earned during the period he was
off.
Findings:
The Second Division of the Adjustment Boards upon the whole record and all
the evidence, finds that;
The carrier or carriers and the employe or employes l;iyolved in this disEute
are respectively carrier and employe within the meaning of the Railway Tabor 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, William A. Torres, was notified by letter dated July 28,
1977,
to
be present on August 2 for a hearing and investigation concerning alleged
violations of numerous company Rules. The most pertinent charge reads:
"_ ,
On 27-fuly,
1977
at Wayne Junction Electric Car Shop ... you were found asleep
in car
MU9014,
at
2:45
P,M . ..."
Following an appropriately conducted investigation, as scheduled, the penalty
herein complained of was assessed. The carrier's disciplinary action relies upon
Safety Rules for the Guidance of A71 Employees. The most pertinent to this
discussion is Rule
4,
which reads in part:
Form 1
Page 2
Award No.
830+
Docket No. 8097
2-CR-CM-t80
"Undivided attention to duty is essential to safety and
efficiency. Sleeping, assuming an attitude of sleeping,
reading of newspapers, periodicals, or arty other reading
matter not pertaining to railroad operation, playing cards,
or other games while on duty, is prohibited."
The claimant admitted in a candid and. straightforward fashion that he had,
in fact, fallen asleep as charged. It is clear that the rule was violated and
soave form of disciplinary action was appropriate. However, based on the entire
record including a good past record and the candid cooperation by Mr. Tomes,
the Board finds that a fifteen (15) day actual suspension is more appropriate,
In so finding we admonish the grievant that Safety Rules are written for
the benefit of the employees as well as management and any transgression is a
serious matter. Any further violation of the Rules could result in more stringent
application of discipline.
A W A R D
The thirty (30) day actual suspension shall be reduced to a fifteen (15)
day actual suspension.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
R semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of April,
1980,