Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10036
SECOND DIVISION Docket No. 10105
2-BRCofC-FO'84
The Second Division consisted of the regular members and in
addition Referee Elliott
H.
Goldstein when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Belt Railway Company of Chicago
Dispute: Claim of Employes:
1. That Laborer T. L. Luick was unjustly disciplined from May 6, 1982
until May 10, 1982.
2. That accordingly, Laborer T. L. Luick be reimbursed for these four
(4) days of suspension. Further, that the record of the investigation
and suspension be removed from his file.
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
.
This is a claim for time lost by the Claimant for a four day
suspension
from service following a formal investigation on the charge that Claimant failed
to protect his regular work assignment in violation of Rule
H
of the Belt Railway
Company of Chicago which provides as follows:
"Employees must be alert and devote themselves
exclusively to the Company's service, attend to
their duties during the hours prescribed, and comply
with the instructions from the proper authority
in matters pertaining to their respective branches
of the service. They must not absent themselves
from duty, exchange duties with, or substitute
others in their place, nor engage in other business
without proper authority.
They must report for duty as required and those subject
to call for duty will be at their usual calling
place, or leave information as to where they must be
located."
Form 1 Award No. 10036
Page 2 Docket No. 10105
2-BRCofC-FO-'84
The Organization argues that the Claimant's
suspension was
unjust because
(1) he was disciplined based on a rule that is not a part of the controlling
agreement between the Carrier and the Organization; (2) the Claimant did attempt
to comply with the above rule by calling in, but because of Carrier policy,
Claimant was not allowed to report late for work. The Organization further
contends that the discipline assessed herein was arbitrary and capricious.
The record in the instant case discloses that the Claimant is employed by
the Carrier in its Diesel Shop facility on the 11:30 p.m. to 7:30 a.m. shift,
Clearing Yard, Chicago, Illinois. On April 29, 1982, Claimant failed to report
for his regular
assignment and
did not so notify the Carrier in advance of his
starting time. Approximately four hours after his shift began, Claimant called
in stating that he had overslept. The record shows no
contention by
the Claimant
that he requested to protect the remaining portion of his work assignment.
With this as factual background the Board finds, as established in numerous
prior awards, that there is an obligation on the employe to protect the Carrier's
service on the days he is assigned to work. (See this Division Award Nos. 6710
and 8216). The issue here is not whether, as a hypothetical matter, the Claimant
could have reported late for work if he so requested, but whether Claimant in
fact fulfilled his obligation to protect his work assignment on the day in
question. Herein, Claimant concedes that he did not notify the Carrier that he
overslept until approximately four hours of his shift had elapsed. The Board
finds that under these circumstances, there is substantial evidence with regard
to Claimant's
non-compliance with
Rule H.
With regard to the discipline assessed, the Board notes that numerous
prior awards of this Board have set forth the principle that absenteeism is a
serious infraction, and that excessive and habitual failure to report to an
assignment is sufficient grounds even for dismissal. (For example see Second
Division Awards 7348, 8216, 8523). The Carrier could hardly maintain normal
operations unless its employer regularly report to work. Second Division Award
7870. The discipline imposed here is not arbitrary, capricious or unreasonable,,
and there is no basis on which the Board should interfere with the Carrier's
action. The record is adequate to support the penalty assessed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ~ / ,
Nancy J. ver - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of August 1984.