Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 87'54
SECOND DIVISION Docket No.
8433
2-NRPC-EW-' 81
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
( International Brotherhood of Electrical Worle rs
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
(1) That the Carrier erred and violated the contractual rights of Mr. Edward
Amparan when they removed him from service on September 13, 1978 as a
result of an investigation held on August 29, 197'8.
(2) That the investigation was neither fair nor impartial.
(3) That, therefore, he be returned to service with seniority and all other
rights, benefits and privileges restored, and
(l+) That he be compensated for all lost time including overtime and holiday
pay, and,
(5) That he be made whole for health and welfare benefits, and,
(6)
That he be made whole for all vacation rights, and,
(7) That he be made whole for pension benefits, unemployment and sickness
insurance, and,
(8) That he be made whole for any and all other benefits, not specifically
mentioned herein, that he would have received or would have earned had he
not been withheld from service.
Findings:
The Second Division of the Adjustment Board, upon the whole record and a7.1 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 employed as electrician in Carrier's 21st Street, Chicago,
Maintenance facility.
The Carrier contends that on nine separate occasions between
July 23,
197'8, and
August 20, 197'8, claimant was late for work or absent from his assigned position
without permission.
Form 1 Award No.8754
Page 2 Docket No. 843:3
2 -NRPC-EW-' 81
On August 21, 1978, claimant was notified to appear for a formal investigation
at 9:00 A.M., August 29, 1978, on the charge:
"Your responsibility for your failure to comply with that
portion of National Railroad Passenger Corporation Rule
of Conduct 'K' which reads: 'Employees must report for
duty at the designated time and place
...'
and that portion
of NRPC Rule of Conduct 'L' which reads: 'Employees shall
not
...
be absent from duty
...
without proper authority'
3.n that while assigned as an electrician at the 21st Street
Maintenance Facility, Chicago, Illinois:
1. On July 23, 1978, you reported for work at 8:01 AM,
thirty-one
(31)
minutes after your scheduled reporting
time of 7:30 AM.
2. On July 25, 1978, you reported for work at 8:00 AM,
thirty
(30)
minutes after your scheduled reporting
time of 7:30 AM.
3. On July 27, 1978, you were absent without permission.
4.
On July
31,
1978, you were absent without permission.
5. On August
13,
1978, you were absent without permission.
6.
On August 14, 1978, you were absent without permission.
7.
On August 15, 1978, you were absent without permission.
8. On August 17, 1978, you reported for work at 9:00 AM,
one hour and thirty minutes after your scheduled
reporting time of 7:30 AM.
9. On August 20, 1978, you reported for work at 7:36 AM,
six (6)
minutes after your scheduled reporting time of
7:30 AM."
By mutual agreement, the investigation was rescheduled for 2:00 P.M. the same
date.
Carrier's Rules "K" and "L" read:
"K. Employees must report for duty at the designated time
and place, attend to their duties during the hours
prescribed and comply with instructions from their
supervisor."
"L. Employees shall not sleep while on duty, be absent from
duty, exchange duties or substitute others in their
place, without proper authority."
F orm 1
Page
3
Award No.
8T.-l,
Docket No.
8433
2-NRPC-EW-' EI1
Following the investigation, claimant was dismissed from service effective
September 13,
1978.
A copy of the transcript of the investigation has been made a part of the:
record. A review of the transcript shows that none of claimant's substantive
procedural rights was violated. Claimant gave various reasons for his tardiness
and absences - delay in bus transportation; being sick; that his girl friend called 3.n
on some dates that he was allegedly sick. His girl friend testified that she called
in on some occasions, but did not remember who she talked to. On other occasions
his sister was to call in for him, but failed to do so. His tardiness of 1 hour
30
minutes on August
17, 1978,
was due to being in the custody of Cook County Sheriff
Police. The Board has issued many awards that being in jail or in the custody, of
Police is not a just cause for absence.
Based on the entire record, the Board is convinced that discipline was
warranted. However, permanent dismissal was excessive. We will award that
claimant be restored to service with seniority and other rights unimpaired, but
without any compensation for time lost. Claimant should understand that the
purpose of this Award is to give him one last chance to become a reliable and
dependable employe of the Carrier, and that further major infractions will result
in the permanent termination of his services. He should also understand that his
work attendance record must improve.
A W A R D
Claim sustained to the extent indicated in Findings.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
~1 i
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 2nd
day
of September,
1981.