Form 1 NATIONAL 1tAIhROAD ADJUSTMF~IVT BOARD Award No.
8353
SECOND DIVISION Docket No. 7826
2-C&NW-CM-' 80
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered,
( System Federation No.
76,
Railway Employes'
( Department, A, F, of Z. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. Freight Car Inspector Antone Struckley III was unjustly assessed ten
days suspension on March 21,
1977.
2, Freight Car Inspector Antone Struckley III was unjustly charged with
wearing improper footwear when reporting to work on January 22,
1977.
3.
That the Chicago and North Western Transportation Company be ordered
to compensate Freight Car Inspector Antone Struckley III for all time
lost at eight (8) hours per day for the ten (10) days he was unjustly
suspended.
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 to said dispute waived right of appearance at hearing thereon.
Claimant was assessed a ten-day suspension for reporting for work -- on a new
assignment -- in "street-type shoes" (slip-on, low cuts) in violation of stated
Carrier regulations that work boots were proper footwear. The Claimant indicated
he felt the dress-type shoes would suffice-on the new assignment; the Carrier
concluded otherwise. It was necessary that he leave the duty station to obtain
proper footwear and, as a result, was absent from his station for that period.
What might otherwise appear to be a minor infraction takes on significance
when it is observed that the Claimant, with less than one-year's service, had
already accrued four safety-related admonishments including a better of Reprimand.
He had also suffered six or seven injuries during the same period. It is we11known that workers in this industry must exercise considerably more care and
attention to their duties than in other industries. We find the Carrier had cause
to "get the Claimant's attention" to the importance of safe working practices.
Under such circumstances and considering the record of offenses already amassed,,
the suspension was justified.
Form 1
Page
2
Claim is denied.
Attest: Executive Secretary
National Railroad Adjustment Board
A W A R D
Award No.
8353
Docket No.
7826
2-C&NW-CM-' 80
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By ..
emarie Brasch - Admini'strative Assistant
Dated at Chicago, Illinois, this 4th day of June,
1980,