Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8949
SECOND DIVISION Docket No.
9055
2-C&NW-EW-'82
The Second Division consisted of the regular members and in
addition Referee Clarence H. Herrington when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Chicago and North Western Transportation Company
Dispute: Claim
of
Emplo_yes:
1. That the Chicago and North Western Transportation Company violated the
current agreement when they assessed Electrician Duane P. Schomer
thirty (30) days deferred suspension at Oelwein, Iowa.
2. That accordingly, Electrician Duane P. Schommer's records be cleared
of all charges and discipline and to be compensated for any loss of
wages or benefits account of such improper suspension.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that
Tie 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 by the Carrier on September
9, 1971.
On December 11,
1979,
Claimant did not report for duty at his assigned starting time at
7:00
A.M.,
At approximately 10:00 A.M., he called the shop's General Foreman and advised
that he had overslept and was sick. On December
19, 1979,
Claimant was directed
to appear for formal investigation on the following charge:
"Your responsibility for failing to report for duty at the
starting time of your assignment on Position
250,
Electrician,
Oelwein System Shop, Oelwein, Iowa, in violation of Rule
14
of the General Regulations and Safety Rules, on December 11,
1979."
The investigation was held on January
2, 1980.
The Organization takes the position that Claimant was in conformity with
Rule 20 of the Agreement which is sufficient to offset any alleged violation of
Rule
14
of the General Regulations. When discussing the two rules in a prior
dispute involved with this Carrier, Public Law Board No.
2512,
Award No. 1
(Herbert L. Marx, Jr.) held:
':,fi,r~.
Award No. 8949
°4%F;e
Docket No.
9055
2-C&NW-EW-'82
"The Board determines that there is no necessary conflict between
the two rules. Rule 14 sets general standards for attendance to duty
which may be expected of employes. Rule 20 provides specific
reporting requirements. While compliance with Rule 20 is of
central importance, such compliance does not necessarily provide
ireans whereby an employe may absent himself from duty."
This Board agrees with the Findings of award supra and so holds (see Award
8750 and awards referred to therein.)
We have carefully reviewed the entire record, including the transcript of
the investigation conducted on January 2,
1980.
Discipline was warranted;
however, in view of the Claimant's length of service and review of his personal
record, which is free of any discipline, we do not believe that this infraction
warrants a 30 day deferred suspension. Because this was the first disciplinary
action against the Claimant in over
8
years of service we will reduce the aforesal.
deferred suspension to ten (10) days deferred suspension to reflect a more
Judicious balance between the offense and the commensurate penalty.
A W A R D
Claim sustained in accordance with the findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order (if Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By _ _ ... J
~-4 -,.y
! ~.
emarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 3rd day of March, 1982