Form 1 NATIONAL RAILROAD ADJUST:= BOARD Award No. 9196
SECOND DIVISION Docket No. 8862
2-SFT-CiYi- '82
The Second Division consisted of the regular members and in
addition Referee Steven Briggs when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Di_strate: ( and Canada

(

( Southern Pacific Transportation Company

Dispute: Claim of Fsnployes:

1. That the Southern Pacific Transportation Company (Texas and Louisiana

Lines) violated Rules 19, 32 and 34 of the controlling agreement when they

unjustly dismissed Cayman R. J. Clifton from service on October 11, 1979,

following investigation held on October 9, 1979;

2. That accordingly, the Southern Pacific Transportation Company (Texas and

Louisiana Lines) be ordered to compensate Cayman R. J. Clifton cormencing

October 11, 1979, as follows:

a) All monetary losses until reinstated;

b ) Reinstatement with all seniority rights;

c ) Vacation rights;

d) Health and Welfare benefits and other benefits which may be a condition of employment;

e) That "guilty as charged" be removed from Cayman Clifton's personal

record of the Rule 810 violation.
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 invclved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 193+.

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 Carrier contends that the Claimant was absent from work on nine separate days between August 3 and September 15, 1979. He was accordingly charged with violation of Rule 810 of the General Rules and Regulations of the Southern Pacific Transportation Company, which states

"Employes must report for duty at the prescribed time and place, remain at their post of duty, and devote themselves exclusively to their duties during their tour of duty. They

Form 1 Award No. 9196
Page 2 Docket No. 8862
2-SPT-CM-182
must not absent themselves from their employment without
proper authority. They must not engage in other business
which interferes with their performance of service with the
Company unless advance written permission is obtained from

the proper officer ... Continued failure by employes to

protect their employment shall be sufficient cause for

dismissal." (Emphasis added)

The Claimant was aware of the above quoted Rule and its applicability to himself, yet he failed to obtain "proper authority" for his absences in accordance with the standard practice of notifying his Shop Foreman in timely fashion.

Based on the record in this matter, the Board has concluded that some form of discipline is appropriate. One of the most basic aspects of the employment relationship dictates that employes report for work as assigned or comply with reasonable employer rules for reporting off. Still, the Claimant had served the Carrier for 152 years at the time of his dismissal and had a fairly acceptable (though not unblemished) work record. The Board has therefore concluded that permanent dismissal was excessive and will award that Claimant be restored to service with seniority and other rights unimpaired, but without any compensation for time lost. Claimant should understand that the purpose of this Award is to afford him one last chance to become a reliable employe, and that further major infractions will result in his permanent dismissal. He should also understand that his work attendance record must improve.

AW AR D

Claim sustained to the extent indicated in Findings.

NATIONAL RAILROAD ADJUSTMENT WARD

By Order of Second Division

Attest: Acting Executive Secretary
National Railroad Adjustment Board

By

ostmarie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 22nd day of Ju7.y, 1982.

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