Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 8752
SECOND DIVISION Docket No. 83TT
2-MP-MA-'81
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
( International Association of Machinists and
Parties to Dispute:
( Aerospace Workers
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
Claim in favor of Machinist Helper M. D. Johnson, Fort Worth Lancaster Shop,
at the current pro rata rate of pay for all time lost. The applicable punitive
rate of pay for all overtime for which he would have been available from the
time he was removed from service at 12 noon, February 13, 1978, and six percent
per annum interest until he is reinstated with all negotiated rights tinder
the provisions of the controlling Agreement effective August 1, 1969, as
amended, wherein he is made whole. This due to the Carrier's violation of
Rule 24 in said Agreement.
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.
The claimant herein was employed as machinist helper at Carrier's Mechanical
Facility at Fort Worth, Texas, and had about two and one half years of service. On
the night of January 18, 1978, and early morning of January 19, 1978, from 11:30
P.M. to 7:30 A.M., claimant was assigned to work at Carrier's Diesel facility. On
January 30, 1978, he was notified to report for formal investigation:
"...
to develop facts and place your responsibility, if any,
for your alleged failure to perform your lubrication duties
between 11:30 PM, January 18, 1978 and x+:30 AM, January 19,
1978, by not lubricating units 2540 and 2561, resulting in
failure of unit 254O.while in train EFY-19, which caused
derailment at Odessa, Texas at approximately 5:00 PM,
January 20, 1978.
If you desire witnesses or respresentatives, you must arrange
therefor in accordance with applicable scheduled agreement."
Form 1
Page 2
Award No. 8752
Docket No. 8377
2-MP-MA-'81
The investigation was conducted on February
7,
1978, as scheduled. Claimant was
present throughout the investigation and was represented. A copy of the transcript
of the investigation has been made a part of the record. We have carefully reviewed
the transcript of the investigation and the entire record before the Board. We find
that the investigation was conducted in a fair and impartial manner. On February
13, 1978,
claimant was notified of his dismissal from service.
In the investigation a supervisor stated that he had signed another employe's
name to the lubrication records for Units 2561 and 2540. The Organization contends
that when the lubrication records were checked by claimant Johnson and he found that
another employe's name indicated the particular units had been worked, he was not
obligated to recheck the lubrication on those units unless he was specifically told
to do so and that he was not told to lubricate the specific units involved.
It is unfortunate that a derailment occurred, causing considerable damage, which
apparently resulted from Unit 2540 not being properly lubricated.
After a thorough examination of the entire record in the case, we find the
evidence not sufficiently convincing to satisfy the Board that the requisite degree
of proof, or substantial evidence, has been presented to support the disciplinary
action against the claimant.
The record shows that the claimant was reinstated to service as a machinist
helper on January 12,
1979.
We will award that he be paid for time lost from date of
dismissal to date of reinstatement, less any amount that he may have earned in other
employment during that period. There is no rule support for the
6PI,
per annum
interest claimed, and that portion of the claim is denied.
A W A
R 'D
Claim sustained to the extent indicated in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
osemarie Brasch - Administrative Assistant
Dat ;4at Chicago, Illinois, this 2nd day of September,
1981.