Form 1
NATIONAL RAILROAD ADJUSTNENT BOARD Award No.
8919
SECOND
DIVISION Docket No.
8502
2-SPT-MA-'82
The Second Division consisted of the regular members
and in
addition Referee Francis X. Quinn when award was rendered.
(, Tnternational Association of Machinists and
Parties to Dispute: Aerospace Workers
Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current Agreement Machinist D. A. Gonzales (hereinafter
referred to as Claimant) was improperly suspended from service on
June 30, 1978,
and subsequently dismissed on July 11+,
1978.
2. That, accordingly, the Carrier be ordered to compensate Claimant for
all wage loss from June 30,
1978,
to date of restoration to service an
February 22,
19796
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 employs within the meaning of the Railway Labor Act
as epptausd June 21,
1931+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On Jung
29, 1978,
Claimant was working as a machinist in the Injector Room,
AB Shop, of Carrier's Sacramento, California, Heavy Maintenance Plant, hours of
assignment
3:30
P.M. to 12:00 M. At approximately 8:10 P.M. the Claimant's
foreman suspected he might be ill and ordered the Claimant to go home. When
Claimant was departing the property approximately
9:00
P.M., he lost control of
his automobile and collided with four other automobiles parked in the Carrier's
parking lot. Claimant then departed the scene of the accident, later telephoning
his supervisor and admitting responsibility. The Claimant was withheld from
service the following date
pending a
formal hearing.
A formal hearing was hold July
7, 1978.
As a result of evidence adduced
which established Claimant's responsibility for carelessness for the safety of
himself and others, he was suspended from service July 11+,
1978.
Claimant returned to service February 22,
1979.
Claimant's accident may be described as simple carelessness; leaving the
scene as he did makes him vulnerable for more serious criticism. Based on the
record we can only conclude that suspension assessed was proper.
74~1
Award No.
8919
Page 2 Docket No.
8502
2-SPT-MA-'82
A WAR D
Claim denied.
NATIONAL RAILROAD
ADrTUSTMENT
BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
G, _
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 24th day of February, 1982.