Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9030
SECOND DIVISION Docket No.
8040
2-S PT-EW-'
82
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current Agreement, Mechanical Department Electrician
Apprentice F. A. Losorelli was unjustly treated when his personal
record was assessed thirty
(30)
demerits on October
13, 1978,
following
formal investigation for alleged violation of Rule
810
of Carrier's
General Rules and Regulations on August
22
and
28, 1978;
and who
lost three
(3)
hours of compensation for August
22, 1978,
and two
(2)
hours and forty (40) minutes compensation on August
28, 1978.
That accordingly, the Carrier be ordered to:
(a) Rescind the thirty
(30)
demerits assessed Electrician Apprentice:
Losorelli's personal record.
(b) Compensate him for three
(3)
hours for August
22, 1978,
and two
(2)
hours and forty (40) minutes additional time for August
28, 1978,
at the straight time pro rata rate.
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, 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.
By letter dated September
8, 1978,
the Claimant, Electrician Apprentice
F. A. Losorelli, was notified to attend a formal hearing in connection with
his allegedly being away from his assigned post of duty without proper authority
on August
22, 1978
between approximately
9:00
A.M. and the close of shift and
also on August
28, 1978
between approximately
12
noon and
2:40
P.M. The notice
identified that such allegations may involve violation of the below quoted
position of Rule
810
of the Carrier's General Rules and Regulations:
"Employees must
...
remain at their post of duty, and
devote themselves exclusively to their duties during
their tour of duty. They must not absent themselves
from their employment without proper authority..."
Form 1 Award No.
903'0
Page 2 Docket No. 8640
2-sPr-Era-'82
A formal hearing was held on September 14, 1978. By letter dated October 13,
1978, the Carrier notified the Claimant that the evidence adduced at the
formal hearing in its judgment established his responsibility for being away
from his assigned post of duty without proper authority at approximately
9:00 A.M. to the close of shift on August 22, 1978, and again on August 28,
1978 between approximately 12 noon and 2:x+0 P.M. The Carrier, based on the
above determinations, assessed the Claimant thirty demerits and such was entered
on his discipline record. The Organization appealed the discipline, and the
dispute is now properly before the Board.
We find that substantial evidence of record supports the Carrier's finding;
of responsibility for the violation of Rule 810 in the instant case concerning
the dates of August 22, 1978 and August 28, 1978.
Foreman Hutchinson testified as follows concerning August 22; 1978:
"At approximately 9:00 AM on August 22nd on my tour through
the Electrical Shop, Mr. Losorelli was not present. After
frequent tours of the Electrical Shop from fifteen to
twenty to thirty minutes, I continued to notice that he
was not present. I asked those in the close proximity of
his working area where he might be, and they didn't know.
I continued to do so the entire day until
3
PM, looking
through the Electrical Shop for Mr. Losorelli. I toured
the Electrical Shop, I would say three to four times an
hour. Mr. Losorelli was not present the entire day after
9 :00 AM. "
Concerning August 22, 1978, the Claimant, Mr. Lo3orelli, testified in
part, in response to questions from Interrogating Officer, Mr. Hines:
"Who did you notify that you were leaving to go to a
doctor for an emergency?
Well, that day no one. It was lunch time. I just
split right away. The next morning, I did.
Did you leave any note?
No, I just left right away.
Did you notify the lead work man?
I just left, I assume it was lunch time.
Then you left the property without permission?
Yes."
Foreman Hutchinson testified that he confronted the Claimant at 7:00 A.M. on
August
23,
1978 and presented him with the problem of the preceeding day and
at no time did the Claimant give a valid reason or mention visiting a doctor.
We find that substantial evidence of record supports the Carrier's finding that
the Claimant was responsible for violating Rule 810 on August 22, 1978.
Form 1 Award No. 9030
Page
3
Docket'No.
8640
2-SPT-EW-'82
Concerning August 28, 1978, Foreman Hutchinson testified that after 12
noon he did not see the Claimant until 2:40 P.m. Mr. Hutchinson testified
that he made inquiries about the whereabouts of Mr. Losorelli on August 28.
He testified that he asked Electrician Powers about Mr. Losorelli. He also
testified that he was unable to assign him to any other journeyman after
Mr. Snyder had gone home, because he could not find him -- because he could not,
locate him. The Claimant called a number of witnesses on his behalf. One of
the witnesses, Electrician Apprentice Don Munoz, testified that on August 28
Mr. Hutchinson approached him between 12 noon and 2:x+0 P.M. and asked if he
knew where Mr. Losorelli was. Mr. Munoz testified that he did not recall what
his answer to Mr. Hutchinson was on August 28, 1978. The Claimant called four
witnesses to support his position that he was at his work station on August 28,
1978 between noon and 2:x+0 P.M. We have reviewed the testimony of Mr. M. M.
Ramierez, Mr. Munoz, Mr. Carrillo and Mr. Consiglio. Sheet metal. Worker
Ramierez recalled seeing the Claimant around Mr. Ramierez's work area at
"2:00 or 2:10, something like that." Such testimony alone does not prove that
the Claimant had remained at his post of duty and had devoted himself exclusively
to his duties during his tour of duty as required by Rule 810. Mr. Munoz
testified that he was asked by Mr. Hutchinson on August 28 if he knew where Mr.
Losorelli was, and he testified that he had been asked but that he did not
remember what his answer was. He testified in the affirmative to the question,
"Did you observe Mr. Losorelli between the hours of approximately 12 noon to
approximately 2:x+5?" No additional testimony as to time and place was developed
from the witnesses. Mr. Carrillo testified as follows concerning August 28,
19'78
"CARRILLO:
...
During the hours in question 12 noon to
On that particular day, I had seen him, and I recalled
we had a conversation concerning eyeglasses. As for
exact time, I couldn't say for sure.
RAMOS:
Between 12 and 2?
HINES:
He just stated he didn't know for sure.
CARRILLO:
On the particular day, I remember I spoke to him
I seen him during lunch and after lunch. I possibly did talk
to him both times from 12:00 or 3:00 whatever are the hours
in question."
Mr. P. Consiglio testified that he did not see or talk to the Claimant between
the hours of 12 noon and-2:40. Mr. Kill and Mr. Snyder were called for other
purposes by the Claimant and did not testify that they observed Mr. Losorelli
at his work place on August 28, 1978.
Based on the entire record concerning August 28, 1978, including the
testimony of Foreman Hutchinson and the corroboration by Mr. Munoz that Foreman.
Hutchinson had gone through the work area looking for and asking employees
concerning the whereabouts of Mr. Losorelli, we find that substantial evidence
of record exists to support the Carrier's finding that the Claimant was
responsible for violating Rule 810 on August
28, 1978.
Form 1
Page 4
We shall deny this claim.
Claim denied.
A W A R D
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
Award No.
9030
Docket No.
8640
2-SPT-EW-'82
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
,fix semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 21st day of April, 1982.