Form 1 NATIONAL RlkILROAD ADJUSTMENT BOARD Award No. 11142
SECOND DIVISION Docket No. 11151
2-C&NW-CM-' 87
The Second Division consisted of the regular members and in
addition Referee Ronald Nelson when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Chicago and Northwestern Transportation Company
Dispute: Claim of Employes:
1. The Chicago & North Western Transportation Company violated the
controlling agreement, the Railway Labor Act, and the rights of Carmen
employed at Des Moines, Iowa, when it posted attendance policy on October 7,
1984, dated April 23, 1983 by General Car Foreman J. W. Jones, Des Moines,
Iowa, on behalf of Assistant Division Manager Mechanical, D. L. Schmidt,
Central Division.
2. That the Chicago bc North Western Transportation Company be
ordered to rescind the aforementioned attendance policy and also that letters
of reprimand given under this policy to Cayman R. L. Rainey on June 14, 1984
and Cayman S. R. Keahna on August 8, 1984, as well as Discipline Notice No.
M-85 dated August 13, 1984 given to Cayman R. L. Rainey, be removed from their
files in accordance with the controlling agreement, specifically Rules 25, 26,
and 32.
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 ,;rune 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 record as submitted by the parties shows a claim (a) that an
attendance policy, dated April 23, 1983, posted for the first time on the
property by the Carrier on October 7, 1984, was allegedly a unilateral attempt
by the Carrier to modify Rules 25, 26, and 32 of the Agreement, effective July
1, 1984, between the parties; and (b) a letter of reprimand and discipline
notice (dated 6/14/84 and 8/13/84 respectively) given to Carmen R. L. Rainey,
and a similar letter of reprimand given to Cayman S. R. Keahna (dated 8/08/84)
were improper and must be rescinded, and removed from the employees' file.
Form 1 Award No. 11142
Page 2 Docket No. 11151
2-C&NW-CM-' 87
The organization initiated its protest on October 22, 1984, with an
appropriate officer of the Carrier. Subsequent thereto, the dispute was
properly handled on the property by the Organization and the Carrier.
On July 24, 1985, the Carrier issued a new discipline policy which
superseded the policy posted by the Carrier on October 7, 1984.
The first issue in this dispute, the propriety of the October, 1984,
policy has been the subject of another dispute between the same parties, where
this Board in a very cogent opinion set out parameters to be observed by the
Carrier in these circumstances. See Award No. 9711. Inasmuch as the Carrier
issued a policy on July 24, 1985, superseding the October, 1984, policy, that
portion of the Organization's Claim regarding the propriety of the October,
1984, policy needs no further consideration by this Board. This Board has not
been asked to review the Carrier's 1985 policy as a part of this proceeding.
Concerning the discipline assessed Carman Rainey, the record reflects
that the matter was resolved by the parties on the property on June 19, 1985,
and needs no further comment by this Board.
With regard to the letters of reprimand contained in the files of
Carman Rainey and Carman Keahna, the letters were issued on 6/14/84 and
8/08/84 respectively. The Organization's claim for adjustment of the issuance
of these letters was dated October 22, 1984, 130 days after the letter was
placed in Rainey's file and 75 days after the letter was placed in Keahna's
file. Rule 29 of the Controlling Agreement contains, in part, a 60 day appeal
period which was not complied with by the Organization. Such time limits are
jurisdictional in nature barring extraordinary circumstances which are not
alleged in this proceeding.
The Board feels compelled to point out that the issue of whether the
letters placed in the files of Carmen Rainey and Keahna constitute disciplinary action, see Award No. 8062, cannot be decided because the Submissions by
the parties does not contain copies of said documents.
Upon careful consideration of the record, and for the reasons contained herein, the Board denies the Organization's Claim.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: -
Nancy Nancy J. -Executive Secre ary
Dated at Chicago, Illinois, this 28th day of January 1987.