C:\AWARDS\OUT\2-08920.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8920
SECOND DIVISION Docket No. 8507
-SCL-MA-'82 The Second Division consisted of the regular members and in addition Referee Francis X. Quinn when sward was rendered. ( International Association of Machinists and Parties to Dispute: ( Aerospace Workers

( Seaboard Coast Line Railroad Company

Dispute: Claim of Employes:

1. 'that the Carrier violated the controlling Agreement on September 17, 1978 when it held Machinist B. K. Fields out of service for fourteen (11+) working days pending an investigation held on October

4, 1978.

2. That the Carrier unjustly suspended Machinist B. K. Fields on October

5, 1978

through October 20,

1978

resulting in ten (IO) additional lost working days.

That, accordingly, he is entitled to be compensated for twenty-four

(a?4)

days lost wages for the period he vas suspended from service September

17, 1978

through October 20,

1978.

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, 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 September 163 1978 after reporting to work at 7:30 A.M., the claimant, Machinist B. K. Fields, was questioned by his foreman in the presence of other employees. The discussion concerned rest days and quickly became a verbal argument. The claimant alleges he was reprimanded in public and given permission to leave his assignment. The foreman alleges he was properly questioning claimant mrr;~ran-emreported absence and that claimant became angry and left his job assignment. A careful review of the record indicates there was a basis for the foreman's concern. The claimant did leave his assignment without permission. However, while we will support discipline for leaving an assignment without:. permission, we will fault the foreman for the manner and method he exhibited in questioning the grievant in public. We conclude that the discipline is excessive and should be reduced to fourteen (11+) days. Machinist Fields is ~Yr~`' 1 Award No. 8920
''" n 2 Docket No. 8507
2-SCL-MA-'82 entitled to be compensated for ten (10) days' Lost wages - October 5 to October 20, 1378.

A W A R

Claim sustained in accordance with the Findings.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board sem$rie Brasch - Administrative Assistant Dated(at Chicago, Illinois, this 24th day of February, 1982.