Form I
Parties t
o Dispute:
Dispute: Claim
of
Employes
NATIONAL
RAILROAD ADJUST-IENT BOARD
SECOND DIVISION
Award No.
8569
Docket No.
8569
2-ICG-FO-'81
The Second Division consisted
of
the regular members and in
addition Referee -'o'qr, E. T_~nccco w,=n -.ward was rendered.
International Brotherhood
of
Firemen
('a
Oilers
Illinois Central Gulf Railroad Company
1. That Laborer Winfred Flemons was unjustly disciplined in that he was
given a letter of reprimand and placed on one years probation.
That accordingly the Illinois Central Gulf Railroad be ordered to reTr..,T:e
from Laborer Flemons' file all record
of
the reprimand and the one year
probationary period.
Findings:
The Second Division of the Adjustment Board, upon the .;hole record and all the
evidence, finds that:
The carrier or carriers and the er:ploye or employes involved in this di.sputt?
are respectively carrier and empioye within the moaning of tae Rail~,,-ay Labor Act
as approved J une 21, lc
3)L1
..
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, a laborer, was properly notified to attend a hearing on 'November
9,
1978,
to investigate a charge that he had been sleeping while on duty on October
24, 1978.
After the heari zj, the carrier permanently placed a letter of reprimand
in his personal file and also ir.:posed a one year nrobwti.nn rericd en the, cIai:v.~:z;t.
The organization urges us to expunge the letter of reprimand and to cancel the
probationary period.
*lxcn=en by substantial
evidence hocnmse
tae--(-
~,~-.; e.niv arie wit-ncss to t:r1c.
_. _.z_ ,~:~i :_,.> .. ., . _._... _ _ _
the organization argues that tile carrier improperly used the claimant's prior work
record to buttress a weak charge. The carrier asserts that the evidence sufficiently
sz:;;, ..L:: . .: . ' ~ ..v
.._ : ... __ .... . :. .._ .. _. . , .._ !,<:O':: to determine the
penalty to be assessed.
~."r.e cl2iin~int conceded at the hearing that he was in the locker roem, away
from his normal work area, during regW~r N^:orking hours on October C24, 178. The
claimant ud `1tS that he
i~''...j.2C~
to ICi:ll::'n
t0
work
.C l: j)
^.:'..
i.'::Cii .:
,..
biE:_:
ended. :else, while fer-.:ul.:tin a question to _~'_-c a-~.:it::c~; . , t'...
t
"This particular clay that I was caught sleeping in the locker roo .z, <z;.)ez;reci to
Form 1
Page 2
`'
Award No.
8W9
Docket No.
8569
2-ICG-FO-'81
be sleeping in the locker room..." The claimant's admissions c::upi:d with the
foreman's testimonv that he had been searching for the clai:=nt since
1:35
P.rz.
and found him at 2:15 P.m. with his
hfi~:d
~?.v:-:~ -a .__ ~:Ltting position in a secluded
portion
of
the locker room constitute substantial evidence to prove the charge.
While later in the hearing the claimant appeared to retract some of his earlier
admissions, it simply is not this Board's province to weigh tie credibilitT_a c'
witnesses. The hearing officer, who directly observed the demeanor of all the
witnesses, could properly conclude that the clai::"nt was asleep at 2 :15 p.r,.
,...,_..
he should have been performing his assigned tasks.
In the notice of hearing dated October 24, 1978, the claimant was formally
warned that his prior work record would be reviewed before discipline was assessed.
At the investigation, the hearing officer specifically ruled that the clainxznt's
record would only be used to determine the measure
of
discipline. Given tine
claimant's poor prior work history, ale cannot say the letter of reprimand and the
one year probationary period are excessive or arbitrary penalties. Therefore, we
uphold the carrier's assessment of discipline.
A V1 A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUST:2ENT BOARD
By Order of Second Division
By
r ~ .......:..^v
..,~,~_.~.~ ,.. '.b..~';. 'u... ..,_..
~_.~R,;,semarie Brasch - administrative Assistant
Dated ;at Chicago, Illinois, this 7th day of January,
lq?81.