Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8516
SECOND DIVISION Docket No. 8453
2-ICG-FO-180
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:
1. That Laborer F. T. Worlds was unjustly disciplined from November 7,
1978 through January 29, 1979.
2. That accordingly, the Illinois Central Gulf Railroad be ordered to
compensate Laborer F. T. Worlds for all time lost during that sixty
(60)
days suspension plus
6010
annual interest, with seniority rights,
vacation rights and all other benefits that are a condition of
employment, unimpaired. Further that Laborer Worlds be reimbursed
of all lossess sustained account loss of coverage under Health and
Welfare and Life Insurance Agreements during the time held out of
service.
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,
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 was given a disciplinary suspension of
60
working days upon the
Carrier's finding that he "violated company rules when you absented yourself
without proper authority at 7:30 a.m., Monday, November
6, 1978".
This followed
an investigative hearing, which the Board finds was conducted in a fair and
proper manner.
The record shows that the Claimant reported for work as of 7:00 a.m. on
November
6,
1978, having just returned from an absence for illness. The Claimant
was given his time card, and there was apparently no question that he was about
to start the day's work. He did ask permission of the Assistant Shop Superintendent
to leave work and attend a funeral, although no time for his departure was
stated. The Assistant Shop Superintendent testified at the hearing that he
understood this to be a funeral at 2:00 p.m., while the Claimant testified that
he was intending to go to two funerals, one at 1:00 p.m. and another at 2:00 p.m.
Form 1
Page 2
Award No.
8516
Docket No.
8453
2-ICG-FO-180
The fact remains that the Claimant left work at 7:30 a.m., only one half
hour after he had arrived; he failed to advise his supervisor at the time of his
departure; he admitted writing in eight hours on his time card, which would
indicate a claim for eight hours' pay for the day; and he failed to punch out
his time card when he left.
There is no basis to question the Carrier's judgment in finding that the
Claimant had failed to meet the well understood requirements of attendance at
work until and unless specifically excused. The 60-day disciplinary penalty is
not unreasonable, especially in view of previous disciplinary penalties in the
Claimant's record.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
arie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 3rd day of December,
1980.