Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8822
SECOND DIVISION Docket No. 8291.
2-SPT-EW-181
The Second Division consisted of the regular members and in
addition Referee M. D. Lyden when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
Southern Pacific Transportation Company
Dispute: Claim of ETployes:
1. That under the current Agreement, Mechanical Department Electrician
James E. Jordan was unjustly treated when he was suspended from service
for a period of sixty (60) days on March
17, 1978,
following investigation
for alleged violation of portions of Rules 802 and 810 of the General.
Rules and Regulations of the Southern Pacific Transportation Company.
Said alleged rule violation occurring from approximately 3:20 a.m.
through approximately 12 noon on October
27, 1977.
2. That accordingly, the Carrier be ordered to:
(a) Compensate the aforesaid employe for sixty-day
(60)
period of
suspension and with payment of
E%
interest added thereto.
(b) Pay employe's group medical insurance contributions, including
group medical disability, dental, dependent's hospital, surgical and
medical, and death benefit premiums, and railroad retirement contributions
for all time that the aforesaid employe was held out of service.
(c) Reinstate all vacation rights to the aforesaid employe.
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,
193+.
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 question of clear instructions by the foreman to the Claimant and the
timeliness of completing assignments before they were ready to eat, establish the
importance of supervisory role and the need to give concise instructions to
subordinate employes.
Likewise, General Foreman Kostakis corroborates the
testimony
that he did
not order the Claimant to take the 3:20 train. The statement of the General
Foreman was construed not to be a direct order.: The Claimant could have made a better
good-faith effort to contact the Foreman and return in a timely fashion.
Form 1 Award No. 8822
Page 2 Docket No. 8294
2-SPT-EW-'81
For these reasons, the discipline is reduced from 60 to 30 days' suspension
and payment made accordingly.
A W A R D
Claim sustained in accordance with the findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
marie Brasch - Administrative Assistant
- Dated 7aChicago, Illinois, this 18th day of November,
1981.