Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9580
SECOND DIVISION Docket No.
9178
2-CR-MA-'
83
The Second Division consisted of the regular members and in
addition Referee Josef P. Sirefman when award was rendered.
( International Association of Machinists and
Parties to Dispute: ( Aerospace Workers
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Consolidated Rail Corporation be ordered to restore Machinist
S. T. Healy to service and compensate him for all pay lost up to time
of restoration to service at the prevailing machinist rate of pay.
2. That Machinist S. T. Healy be compensated for all insurance benefits,
vacation benefits, holiday benefits and any other benefits that may
have accrued to him and was lost during this period, in accordance with.
Rule 7-A-1 (e) of the.prevailing agreement which was effective May 1,
1979.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, f inds. 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.
Claimant S. T. Healey, a Machinist who entered Carrier's service on December
29, 1976,
was charged with leaving work without permission on January 2,
1980.
A
trial was held on January
17, 1980
and Claimant was dismissed on January 28,
1980.
The record before this Board establishes that Claimant sought a number of
times over a relatively short period of time for permission to leave his assignment and each time permission was denied by the supervisor. Nevertheless Claimant
told the supervisor that he was leaving and he did so. The pivotal issue for
this Board, as the organization expresses it in its submission is whether "Carrier
acted in an arbitrary and capricious manner when they denied the Claimant the right
to go and assist his girl while she was in need of aide".(sic.). The supervisor did
not think that a girlfriend in trouble constituted a basis for leaving work.
Rather he would have recognized a death or emergency in Claimant's immediate
family as the type of extenuating circumstance justifying release from work.
This Board is mindful that many are living in a period of changing personal
morals and life styles. Nevertheless,-the wor'4tplaee can only operate regularly
Form 1
Pa ge 2
Award No. 9580
Docket No.
9178
2-CR-MA-'
83
and efficiently when well established norms are adhered to, rather than open-ended
transitional circumstances which by their nature do not offer clear and universally
understood limits. A review of the record establishes that the hearing was not
arbitrary or capricious. A review of the record further establishes that the hearing
was fair and impartial, and there was substantial evidence to sustain the Carrier's
decision to discipline Claimant. As Referee Roukis held in Second Division Award
7845
"Claimant was found guilty of a very serious offense that
cannot be tolerated in this critical industry. He left his
job at 5:00 A.M. despite his supervisor's explicit refusal to
grant him permission to leave at this time. He was obligated
to remain at his job until the end of his shift which was
8:00 A.M. That he chose to disregard his supervisor's decision, in the absence of extenuating circumstances, was solely
at his peril. It was a volitional choice that was just
unacceptable.
We will not detail the many Second Division precedents dealing
with like infractions, excdpt to note the relevance of Second
Division Award 4782, where we held in pertinent part, 'Disobedience consists in taking the law into one's own hands and
is insubordination which is proper basis for dismissal.'
Claimant's behavior, in this instance, certainly falls within
this definitional holding. It cannot be construed as innocuous
deportment. If Carrier permitted its employes to disregard the
work hours schedule, it would impede rail operations and
adversely affect the public interest."
Given the seriousness of the offense in the face of more than one refusal of
permission by the supervisor, dismissal is an appropriate penalty.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy J. DeverA Executive Secretary
Dated at Chicago, Illinois, this 27th day of July, 1983.