Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
Award No. 9781
SECOND DIVISION Docket No. 9156
2-CMStP&P-EW-'84
The Second Division consisted of the regular members and in
addition Referee Josef P. Sirefman when award was rendered.
( System Council No. 8
( Internatinal Brotherhood of Electrical Workers
Parties to Dispute:
(Chicago, Milwaukee, St.Pau1 and Pacific Railroad Co.
Dispute: Claim of Employes:
1. That at the Milwaukee Shops on September 25, 1979, the Chicago, Mi1W3ukee,
St. Paul and Pacific Railroad Company violated the controlling agreement
when Foreman Williamson assessed discipline on Electrician Helper Kenneth
OZmos without holding a hearing in violation of Rule 35 of the current
agreement.
2. That accordingly, Electrician Helper Kenneth Olmos be compensated for
five (5) hours at the prevailing rate of $9.27 per hour.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and a1.1
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 apperance at hearing thereon.
Claimant Kenneth Olmos is an electrical helper. On September 25, 1979,
Claimant called in to the third shift clerk at 6 AM to leave a message for his
Supervisor that he would be late for work (starting time 7 AM) due to car trouble.
The organization contends that Claimant appeared for work at ZO AM that day, was
not permitted to work for the remainder of the day, and seeks five hours pay for
Claimant from 10 AM till the end of the shift at 3 PM. It claims that Claimant
complied with Rule 16, "An employee detained from work on account of sickness or
for any other good cause, shall notify his foreman as early as possible", and
therefore was improperly disciplined without a hearing as required by Rule 35.,
Form 1 Award No. 9781
Page 2 Docket No. 9156
2-CMStP&P-EW-'84
It breaks no new ground for this Board to observe that an employee complying
with Rule 16 by calling to say that he will be detained is not necessarily
guaranteed work for that part of the day in which he becomes available. Rule 16
notification enables Management to be aware of who will or will not be available
at the start of the shift. Beyond that the Carrier has to adjust its plans and
proceed with the day's work, particularly when there is no indication of when the
employee would show up during the day (as was the case here), and there is no
guarantee that a late employee will fit into these plans. The exclusion of
Claimant from work for the remaining five hours was not a disciplinary action in
this context, a general principle found in numerous Second Division Awards
including Award Nos. 7384,7355,7567, 7838,7990,7946 and 8045.
A W A R D
Claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
~z
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 8th day of February, 1984