Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9815
SECOND DIVISION Docket No. 9487
2-SCL-CM-184
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( Brotherhood Railway Carmen of the
Parties to Dispute: ( United States and Canada, AFL-CIO
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the controlling
agreement when Painter-Helper, R. N. Snipes lost ten (10) days due to suspension
improperly imposed on him as a result of investigation held May 28, 1980. The
investigation was held at Tampa, Florida.
2. That accordingly, the Seaboard Coast Line Railroad Company be ordered
to compensate Painter-Helper, R. N. Snipes, ten (10) days of eight (8) hours
each at straight time rate of pay for said 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 involved in this dispute
are respectively carrier and employes 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 was classified as a Painter Helper at the Carrier's Uceta Shops at
Tampa, Florida; his regularly scheduled work days were Monday-Friday. On April
18, 1980 -- a Friday -- the Claimant was advised to report to the sandblast
facility" on Saturday, April 19, 1980. Claimant failed to do so, but the record
indicates he did allege lack of transportation but was advised he would have to
arrange some in order to protect his job. On April 23, 1980 the Claimant clocked
in late and later that day sought approval to leave work early; he was instructed
to obtain permission from his foreman. He failed to do so but, instead, punched
out and left. The two elements of alleged failure to follow instructions led to
a ten-day suspension from service.
The organization disputes imposition of the discipline, both in substance
and extent. It contends the Claimant was never issued a copy of the current
working Agreement or Work Rules which, additionally, were assertedly imposed
without being negotiated with the Organization. It was also contended that the
Claimant had been permitted off early on previous days to take his wife to the
doctor and that, therefore, the Carrier knew of his need.
Form 1 Award No. 9815
Page 2 Docket No. 9487
2-SCL-CM-184
we find no validity for the organization's defenses to such action. Rule 26
merely informs employees they are not to be absent without permission from proper
authority -- a common sense and eminently reasonable directive. And to suggest
that a nine-year veteran employee would not be familiar with such requirement is
non-credible. His other offenses, arguable minor by themselves, coming as they
did
in
conjunction with an unapproved absence, comprise sufficient cause to
support discipline. Under the circumstances, we shall not impose this Board°s
opinions on that of the carrier insofar as the extent of such discipline.
A W A R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nanc ver - Executive Secretary
Dated at Chicago,
Illinois,
this 7th day of March, 1984