Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8305
SECOND DIVISION Docket No.
8098
2-CR-CM-'80
The Second Division consisted of the regular members and
in addition Referee Kay Mcmu.rray when award. was rendered,
( System Federation No, 1, Railway Employer'
( Department, A, F. of L. - 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 26,
1977,
it assessed five
(5)
days actual discipline to Carman Jeffrey
P. Williams, as a result of a hearing and investigation conducted on
July 26,
1977.
(b) That accordingly, the Carrier be ordered to reimburse the Claimant for
the equivalent amount of compensation he would have earned during the
five days of his suspension, as well as any other compensation the
Claimant would have earned during the five-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.
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 and employe within the
meaning of
the Railway Labor Act
as approved June 21,
193.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties io said dispute waived right of appearance at hearing thereon.
Claimant, Jeffrey P. Williams., was notified by letter dated July
19, 1977,
to attend a hearing and investigation on July 26 to answer charges in connection
with the following:
"Your violation of Rule 22 on July I2,
1977;
Your violation of
Rule 22 on July
19, 1977;
Your failure to improve your attendance
record as outlined in 'Warning Notice' dated Mar. 21,
1977,
and
further discussed as to your responsibility of all compliances
in the presence of Your Local Chairman on May 24,
1977,
to
determine your responsibility, if any, in the matter,"
Form 1 Award No. 8305
Page 2 Docket No. 8098
2-CR-CM-
t
80
Rule 22 reads in pertinent part;
"In case an employe is unavoidably kept frown work he will not
be discriminated against. An employe detained from work
on account of sickness or for any other good causes shall
notify his foreman as early as possible."
The record reveals that on July 12, claimant was four hours late for work
with no notice to the supervisor and on July 19 he was three hours and fifty
minutes late without contacting the carrier. Mr. Williams admits to the foregoing
tardiness but claims that he had to take his girlfriend to the hospital which
constitutes a medical emergency and he should not be penalized. It should be
noted that he did contact his mother on JWy 19 to assist his girl while he went
to work. Apparently he was not so concerned about notification to the carrier.
The record reveals that on March 21, 1977, claimant was sent a letter
listing his poor attendance record including numerous late arrivals at work. He
was warned that improvement was expected. Further, on May 24, he was notified
that in lieu of a scheduled investigation a discussion among his local chairman,
the carrier, and the claimant regarding his poor attendance record had resulted
in "a continuation of the 'Warning Notice' issued March 21, for a period of
twelve months".
In view of the foregoing claimant should have been acutely aware of his
responsibility to notify the carrier in accordance with the rule. There are
telephones at a hospital and Mr. Williams cannot claim that it was even difficult
to notify the carrier.
The entire record shaves a disregard for attendance rules by the claimant
which a carrier simply cannot countenance if it is to maintain an efficient
work force in the furtherance of its obligation to the public. Some for of
disciplinary action was warranted. The five clay suspension is within reasonable
bounds for corrective action.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMEET BOARD
By Order of Second Division
By
~osema.rie Brasch - Adm.nistrh -.*# -.#* ". -/
-11,
ative Assista,n
Dated at Chicago, Illinois, this 16th day of April, 1980.