Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9158
SECOND DIVISION Docket No. 9206
2-CMStP&P-EW-'82
'fine Second Division consisted of the regular members and in
addition Referee Thomas V. Bender when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Chicago, Milwaukee, St. Paul & Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company
violated the current agreement when Electrician Helper W. R. Apfel was
unjustly dismissed from service on May 17, 1979 for alleged failure
to
protect his assignment.
2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company
be ordered to make Electrician Helper W. R. Apfel whole by reinstating
him to service with all seniority and other rights unimpaired and
repaying all lost wages and benefits and his record cleared.
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.
The Claimant in this matter was employed as an electrician on August 21,
1978. He worked for the Carrier in Milwaukee, Wisconsin. From August
24,
1978
until February
5,
1979 Claimant was late or took early quits on nine separate
occasions and was absent on fourteen days. The Carrier advised the Claimant of
his unacceptable attendance record by letter dated February
23,
1979. Despite
this warning the Claimant compiled the following record during March and April
1979:
March 2 - '79 Absent - No reason
March 20 - '79 Absent - Sick
April 10 - '79 Absent - No reason
April 20 - '79 Absent - Sick
March 12 - '79 Tardy - No ride
March 26 - '79 Tardy - No ride
April 12 - '79 Tardy - No ride
On May
3,
1979 an investigation was held to determine Claimant's position regarding
his record. A review of the investigation transcript shows that Claimant offered
Form 1 Award No. 9158
Page 2 Docket No. 9206
2-CMStP&P-EW-'82
no real explanation for his performance or lack thereof. Following the close of
the investigation Claimant was terminated.
The employment relationship is a two way street. The employer provides work
and compensation for its employes. The employe accepts the work and compensation
and agrees to provide faithful service. The Claimant in the instant case failed
to observe his part of the bargain. The Claimant's attendance record is miserable.
A review of the Claimant's record shows that he was not dependable. And,
that in the nine months of his employment he was little more than a part time
employe. No reasonable person could expect to protect a full time
job
with
part time performance.
It is interesting to note that no one alleged that the Claimant could not do
his job.
No
one alleged that Claimant was in any way deficient in any facet of
his job. However, if the Claimant cannot be relied upon to regularly and faithfully
report to work his skill level becomes irrelevant. And highly skilled or not,
other employes must necessarily be called upon to complete the tasks normally
falling to the Claimant. Such a situation is unfair to Claimant's coworkers.
The record clearly substantiates the charges made by the Carrier. The
evidence is too clear to allow for any "referee interpretation" and therefore
the-possibility of any leniency is totally foreclosed, and the record and evidence
must be strictly followed. The most distressing part of the record is the
Claimant's testimony. He seems very casual and not the least bit upset over the
prospect of losing his
job.
The Organization raises a procedural issue regarding the fact that a father
and son team reviewed this matter up through several steps. The record fails to
show that this unusual situation prejudiced the Claimant. The Claimant created
his own problems.
A W A R D
Claim denied.
NATIONAL
RAILROAD
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 30th day of June, 1982.