Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9031
SECOND DIVISION Docket No.
8798
2-ICG-SM-'82
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute:
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:
1. That the Illinois Central Gulf Railroad Company violated the controlling
Agreement, particularly Rule 39, when they improperly and unjustly
discharged from service on December
18, 1978
Sheet Metal Worker
Apprentice F. E. Henry.
2. That accordingly the ICG Railroad Company be ordered to reinstate
claimant (Mr. F. E. Henry) and compensate him for all time lost
beginning December
19, 1978,
the date he was improperly withdrawn from
service.
a. Make claimant whole for all holiday and vacation rights.
b. Pay premium on health and welfare Travelers Policy GA 23000.
c. Pay Illinois Central Gulf Hospital Association premium.
d. Pay all sickness premiums under Provident Insurance Policy.
e. Pay interest of
9%
on all lost wages.
f. Pay premium on Aetna Dental Policy.
g. Reinstate claimant with all seniority rights unimpaired.
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 aver the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The pertinent facts in this case are uncontested. Claimant entered the Sheet
Metal Worker Apprentice Training Program on June 20,
1978
at the Carrier's Paducah
Shop. On December
18, 1978,
the Carrier discharged Claimant without first holding
a formal investigation. At the time of his dismissal, Claimant had actually
performed work for approximately
117
days. There wermore than 122 scheduled
work days between June 20,
1978
and December
18, 1978.
If Claimant had worked
all scheduled work days, he would have worked more than 122 days at the time of
his dismissal.
Form 1 Award No.
9031
Page 2 Docket No. 8798
2-ICG-SM-182
The Carrier argues that it retained the discretion to drop the Claimant
from the apprenticeship seniority roster before he actually performed work on
122 separate days. The Carrier relies on Section II(C) of the
1972
Apprentice
Training Agreement which states:
"During the first 122 work days of an apprenticeship, an
apprentice may be dropped from the program if he does not
show the aptitude or the desire to learn the trade. Such
an apprentice will be considered resigned from service,
but the company will consider him for other employment if
a vacancy exists and he is qualified."
In this instance, the Carrier decided to drop Claimant from the apprentice program
due to his unsatisfactory performance, poor attendance record and -lack of
initiative.
The Organization, on the other hand, contends Rule
39
of the applicable
collective bargaining agreement was violated since Claimant was not provided
with a formal investigation prior to his dismissal. According to the Organization,
Claimant's right to a Rule 39 hearing vested once 122 scheduled work days had
elapsed.
The issue presented to this Board is whether the words "the first 122 work
days" in Section II(C) of'the
1972
Apprentice Training Program refers to "days
actually worked" or "potential days of work".
In interpreting the language of Section II(C) we must consider the purpose
of the apprenticeship contract as well as the parties' past practice under the
contract. The apprentice training program is designed to educate and train
employes to become journeymen in a chosen shopcraft. To properly evaluate all
candidates, the Carrier must be able to observe an apprentice, at work, for a
minimum number of days. Also, an apprentice would be deprived of an opportunit,~
to fully learn the skills of his craft if the number of actual days of work was
shortened due to absences. Also, on this property, the Carrier has used actual
days worked to determine when an apprentice may advance to the next plateau.
The Organization has not objected to this method of computing days of work. The
Carrier applied the same method of measuring days worked to determine Claimant's
status in the program. Based on the intent of the apprenticeship program, the
past practice of the parties on this property, and under the most reasonable
interpretation of the Apprentice Training Agreement, we conclude that Claimant
had not yet worked 122 days within the meaning of Section II(C). See Third
Division Award No. 12523 (West) and Second Division Award No. 4130 (Anrod).
Therefore, the Carrier could properly exercise its discretion to drop Claimant
from the apprenticeship program on December
18, 1978.
A WAR D
Claim denied.
Form 1 Award No.
9031
Page
3
Docket No.
8798
2-ICG-SM-'82
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 21st day of April,
1982.