Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 94.76
SECOND DIVISION Docket No.
9618
2-SOO-FO-183
The Second Division consisted of the regular members and in
addition Referee Barbara W. Doering when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Soo Line Railroad Company
Dispute: Claim of Employes:
1. That in violation of the current agreement, Mr. Bruce Hanson, laborer,
Minneapolis, Minnesota, was unjustly suspended for
3
days from service
of the carrier following a hearing held on that date of October 24,
198o.
2. That, accordingly, The Soo Line Railroad Company be ordered to compensate
Mr. Bruce Hanson for three (3) days pay at the 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.
The record in this case establishes that a hearing was properly called and
conducted on the charge of "running the roundhouse jeep into end of No. 2 stall
pit at Shoreham Roundhouse on October
11, 1980
at
2130
hours."
However, the record shows that Claimant was not the operator of the jeep
but a passenger at the time; it is not refuted that Claimant had finished his
particular assignment and that he was en route to assist another employe. While
we agree with the Carrier that employes are not to be permitted to wander around
under the guise of looking for work, we also fail to see the connection between
Claimant's failure to secure permission in this matter and the responsibility for
the accident for which he was disciplined. Arguably, Claimant could be found
guilty of leaving his assigned work area without permission. But that was not the
infraction with which he was charged. Second Division Awards
2199,
3808, 8747.
A W A R D
Claim sustained.
F orm 1
Page 2
Attest: Acting Executive Secretary
Natiocal Railroad Adjustment Board
By
~marie Brasch - Administrative Assistant
Dated at ll Chicago, Illinois, this 4th day of May, 1983.
Award No. 9476
Docket No.
9618
2-SOO-FO-183
NATIONAL RAIhROAD ADJUSTMENT BOARD
By Order of Second Division