Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9064
SECOND DIVISION Docket No.
9260
2-L&iN-FO-' 82
The Second Division consisted of the regular members and in
addition Referee Edward M. Hogan when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That under the current and controlling agreement, as amended, Service
Attendant J. T. Newell, Jr., I.D. No. 111110 was unjustly suspended
from service of the Louisville and Nashville Railroad Company, on March.
21,, 1980,
after a formal investigation was held in the office of Mr.
No D. Parrish, Conducting Officer, on January 28,
1980. -
2. That accordingly J. T. Newell, Jr., Service Attendant t be compensated
the five
(5)
working days discipline assessed March 24, 1980 through
March
31, 1980,
both dates inclusive.
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 Adjts tment Board has jurisdiction over the dispute
involved.herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant's duties consisted of cleani.- diesel locomotives, cleaning shop
areas and other work generally recognized as Service Attendant's duties. On
January 25,
1980,
Claimant received notice from the Division Manager that he was
charged with leaving his assigned work area without permission on January
16,
1980
and for failure to answer roll call prior to the close of the first shift.
An investigation was held on January
28, 1980.
On March
21, 1980,
Claimant was
notified that he was suspended from the service of the carrier for a period of
five
(5)
work days.
It is well established that:
"No railroad can be efficiently operated for long if voluntary
absences are condoned." ''Second Division Award No.
6710)
Claimant Newell had an obligation of informing his supervisor that he would
be leaving early for good and sufficient cause. Although claimant's immediate
supervisor had taken ill earlier during the shift, Mr. Newell was not released
from his duty and obligation to notify his acting supervisor, Assistant Departmental
Form 1
Page 2
Foreman P. E. E lble. The Claimant failed to do this.
Award No. ~ `J
6!t
Docket No.
9260
2-L&N-FO-' 82
However, in this instant claim, the record indicates that Claimant Newell
had informed his immediate supervisor Mr. Spencer, of his intention to leave
early. Mr. Spencer subsequently left work for reasons of illness early in the
shift. In light of these circumstances, it seems that the five
(5)
day disciplinary
suspension was overly harsh.
Therefore, it is the opinion of this Board that the five
(5)
day suspension
be reduced to two (2) days and that the Claimant be compensated three
(3)
working
days at the rate of pay in effect at the time of the disciplinary action.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By -r_../~L~'
emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 28th dad- of April, 1982.