Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10617
SECOND DIVISION Docket No. 10669
2-SSR-FO-185
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
( International Brotherhood
of Firemen and Oilers
Parties to Dispute:
( Seaboard System Railroad
Dispute: Claim of Employes:
1. That under the current and controlling agreement, Laborer J. H.
Wallace was unjustly suspended from the service of the Seaboard
System Railroad for~ten (10) days after a formal investigation was
held on October 26, 1983.
2. That accordingly, Laborer J. H. Wallace be restored to service at
Seaboard System Railroad, Tilford Yards, Atlanta, Georgia, and
compensated for all lost time, vacation, health and welfare
benefits, hospital, life and dental insurance premiums be paid
November 11, 1983 through November 22, 1983, and the payment of 10%
interest rate be added thereto.
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, J. H. Wallace, a laborer at the Carriers Tilford Yards in
Atlanta, Georgia, was in service from October 11, 1973 and was given a ten
day actual suspension as a result of an investigation held on October 26,
1983.
The Claimant was one and one half hours late for his assignment on
September 23, 1983. He called the Carrier 15 or 20 minutes prior to the
start of his shift and advised the Carrier that he would be one half hour
late. On September 24, 1983 the Claimant did not report at his regular
starting time and his Foreman was in the process of trying to call him when
the Claimant called in one half hour after the start of his shift and stated
that he had fallen asleep while waiting for a taxicab. On that occasion the
Claimant reported to work one hour late.
Form 1 Award
No.
10617
Page 2 Docket
No.
10669
2-SSR-FO-185
The Organization argued that the Carrier violated Rule 28, which calls
for fair hearings in that the Claimant was charged with violations of Rules
12 and 26 and that the Rule 26 violation was not specified in the letter. In
addition the Organization stated the tardiness was beyond the Claimant's
control because he had car trouble and the taxicab which he ordered on the
following day when he continued to have car trouble did not arrive.
The Carrier argued the proceedings were indeed fair, the Claimant was
given due notice, and the investigation was conducted as required by Rule 28
of the Agreement. The Carrier also stated that it is the Claimants responsibility to keep his automobile in good repair. It was noted that transmissions
generally give some warning before they become unserviceable and, in general,
it is the Claimants responsibility to make sure that he reports to work for
his shift in a proper manner. Finally, the Carrier argued that the Claimant
had been absent from his assignment on 94 occasions during 1983 and had been
the subject of several formal warnings regarding poor attendance.
Upon complete review of the evidence presented, this Board finds that
the investigation was held in a fair manner as required under Rule 28. The
Claimant has the responsibility to report to work. There was no showing that
either incident could not have been avoided if the Claimant had exercised
reasonable care and caution. This is particularly true in light of the
attendance record of this Claimant. He should have been particularly aware
of the consequences of failure to protect his assignment. It is the opinion
of the Board that the penalty assessed by the Carrier is more than fair and
reasonable and, therefore, we will deny this claim.
A W A R D
Claim denied.
Attest:
09ZAMIM"
0,0
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy
- Executive Secretary
Dated at Chicago, Illinois, this 23rd day of October, 1985