Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10236
SECOND DIVISION Docket No. 10288
2-SP-EW-185
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Southern Pacific Transportation Company
(Western Lines)
Dispute: Claim of Employes:
1. That under the current agreement, Mechanical Department Electrician
L. J. Butler was unjustly treated when her discipline record was
assessed thirty-five (35) demerits on November 3, 1981, following
formal investigation for alleged violation of portion of Rule 810 and
Rule "G" of the General Rules and Regulations of the Transportation
Company (Pacific Lines). Said alleged violation occurring on October
19, 1981, at approximately 10:45 P.M.
2. That accordingly, the Southern Pacific Transportation Company (Pacific
Lines) be ordered to:
(a) Rescind the 35 demerits assessed Electrician L. J. Butler's
discipline record.
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.
The Claimant was employed as an Electrician at the Carrier's Los Angeles,
California Maintenance Plant. As a result of a hearing held on October 19,
1981, the Claimant was found to be responsible from being away for her assigned
post of duty and off Company property without authority during her tour of duty
on October 8, 1981. Accordingly, her discipline record was assessed thirtyfive (35) demerits.
Form 1 Award No. 10236
Page 2 Docket No. 10288
2-SP-EW-185
On October 8, 1981, the Claimant was observed by four (4) Supervisors,
including her own Supervisor, in the parking lot of a Foster Freeze Drive-In
restaurant during her tour of duty. The Claimant's immediate Supervisor, R.
Perez, did not give her permission to be away from her post of duty. By the
Claimant's admission, she did not receive permission from Supervisor Perez to
leave work and be away from the Carrier's property before the end of her tour
of duty. Rather, she was told by a fellow Electrician, that he obtained permission
from Supervisor Perez for himself, another Electrician and the Claimant to
leave the property early. In fact, no such permission was granted. Moreover,
the Claimant acknowledged that "normally" she takes "instructions" from her
immediate Supervisor and not from another Electrician.
Accordingly, the Claimant violated Rule 810 of the Carrier's General Rules
and Regulations which, in relevant part, provides:
"Employes must...remain at their post of duty, and
devote themselves to their duties during their tour of
duty. They must not absent themselves from their
employment without proper authority...".
In the Board's judgment, the Carrier's assessment of thirty-five demerits
to the Claimant's discipline record should not be disturbed.
A
w
A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest·
Nanc J ver - Executive Secretary
Dated at Chicago, Illinois this 23rd day of January 1985.