Form 1 NATIONAL RAILROAD
ADJUSTMENT
BOARD Award No. 85"17
SECOND
DIVISION
Docket
No.
8350
2-NRPC-BM-180
The Second Division consisted of the regular members and in
addition Referee Gilbert H. Vernon when award was rendered.
( International Brotherhood of Boilermakers, Iron Ship
( Builders, Blacksmiths, Forgers and Helpers
Parties to Dispute:
(
RECEIVED
( National Railroad Passenger Corporation 19Dispute: Claim of Employes:
P. E. LaCO'.)SE
1. That the Carrier violated Rule 23 of the Current Agreement when on
December
5,
1978 Boilermaker E. J. Henderson was assessed a fifteen
(15) day suspension from service and a notation reflecting this discipline
was made a part of his service record.
2. That accordingly, the Carrier be ordered to remove the entry from
Boilermaker Henderson's service record and compensate him for all
lost time.
Findings:
The Secrn d Division of the Adjustment Board, upon the whole record and al'].
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.
At the time of the suspension, the claimant had been employed as a Boilermaker for approximately three years.
On November 24, 1978, Claimant was notified to appear for a formal
investigation to be held November 27, 1978. The charges to be investigated
were as follows:
"Violation of The National Railroad Passenger Corporation
Rules of Conduct, Rule 'K' in that you reported late for
duty on the following dates:
Wednesday, November 8, 1978 - 35 Minutes Late
Monday, November 13, 1978 - 30 Minutes Late"
Rule K reads as follows:
"Employees must report for duty at the designated time and
Form 1
Page 2
Award No. 8547
Docket No.
8350
2-NRPC-BM-'80
"place, attend to their duties during the hours prescribed
and comply with instruction from their supervisor."
The investigation was held and as a result carrier suspended the claimant
for a period of
15
days.
In reviewing the record, the Board finds there is substantial evidence to
uphold the carrier's finding of guilt. The claimant readily admitted being
late on both dates in question. He also readily admitted that he had been made
aware of at least one number which he was to call when not being able to report
for work.
The claimant's defense was that one day of the days in question he had a
flat tire which prevented him from being on time. On the other day, he was late
because his daughter had struck her head at home and he was concerned about her
welfare. However, there is nothing in the record that would indicate the claimant
was prevented from at least calling the carrier.
On November
8,
the claimant indicated, when he had the flat tire he had to
walk home to contact his brother for assistance. This was at
25
minutes before
his starting time. He also admits he has a telephone at his residence. The
claimant had nothing of relevance to say when questioned as to why he didn't
call the carrier to notify them he was not able to report for duty on time.
He testified that on November 13, by the time he realized he was going to be
late it was already
5
minutes past his starting time. He then proceeded directly
to work without notifying carrier of his tardiness.
We do not find the claimant's defense persuasive. There is no reason found
in this record to excuse the claimant from his obligation to report for work on
time or to notify the carrier otherwise.
Regarding the quantum of discipline it is the conclusion of the Board that,
in view of the claimant's past record, a 15-day suspension cannot be considered
arbitrary or capricious. The claimant had previously been assessed a one-day
suspension and a 15-day suspension for Rule "K" violations in addition to having
had been dismissed for a Rule "K" violation on June 15,
1978.
In view of this
record, we are compelled to say a 15-day suspension is quite lenient.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
By Rosemarie Brasch - Administrative Assistant
t icar
;
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division