Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10763
SECOND DIVISION Docket No. 10888
2-CRC-MA-'86
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Consolidated Rail Corporation be ordered to remove the
three (3) day suspension from the record of Machinist Daniel P.
Wallace for alleged violation of "for your failure to perform your
duties inasmuch as you failed to notify your immediate supervisor
on June 5, 1982 ----" in accordance with the provisions of rule
7-A-1 (e) of the prevailing Agreement effective May 1, 1979.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence finds that:
The carrier or carriers and the employes 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, Daniel P. Wallace, a Machinist with the Carrier and in
service since August 26, 1976, was given a three day deferred suspension as a
result of an investigation held on June 1, 1982. The Claimant was charged
with failure to notify his Supervisor on June 5, 1982 regarding a torsion beam
being out of service which caused the Carrier to suffer undue delay to a
surfacing gang on the following Monday.
The Organization argued there was no proof of wrongdoing by the Claimant.
The Claimant did notify a Supervisor, Mr. C. Lorenson, the only Supervisor on
the job that day; and this was appropriate action given the circumstances of
this case. In addition, the Claimant was not aware of the phone number of his
immediate Supervisor and was not able to contact his Supervisor as a result.
Form 1 Award No. 10763
Page 2 Docket No. 10888
2-CRC-MA-'86
The Carrier argued that the Claimant knows how to contact his Supervisor
at his home, and the record shows that he has done so in the past. The
Claimant has been employed for several years and he knows better. The Claimant
simply reported to the wrong Supervisor. The Claimant did call his Supervisor
on June 7; however, by that time it was too late, and serious delays were
caused to the SE474 surfacing gang. Also, the Claimant failed even to leave a
message on the Carrier's recorder.
Upon complete review of the evidence presented, the Board finds that the
Claimant did fail to discharge his duty in the proper manner. The Hearing
conducted by the Carrier was fair and impartial, and clearly the Claimant
failed to notify his Supervisor. As a result, the Carrier suffered delays
that could have been avoided had the Claimant acted properly. With respect to
the appropriateness of the penalty in this matter, given the circumstances of
this case, the Board finds that the penalty was appropriate. Therefore, the
claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest. _
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 26th day of February 1986.