Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11178
SECOND DIVISION Docket No. 11227
2-SP-EW-'87
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. Under the current Agreement, Mechanical Department Electrician T.
M. Ash was unjustly treated when she was dismissed from service on February
14, 1985, following investigation for alleged violation of portions of Rule
801 and Rule 810 of the General 'Rules and Regulations of the Southern Pacific
Transportation Company (Western 'Lines). Said alleged violation occurring
on September 17, 1984.
2. Accordingly, the Southern Pacific Transportation Company (Western
Lines) be ordered to restore Electrician T. M. Ash to service with all rights
unimpaired, including service and seniority, vacation, payment of hospital and
medical insurance, group disability insurance, railroad retirement contributions, and loss of wages including interest at the rate of 10 percent per
annum.
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 were given due notice of hearing thereon.
The Claimant herein is the same as involved in Award No. 11177. The
record shows that on September 11, 1984, Claimant completed her apprenticeship
as an Electrician.
On September 18, 1984, about 7:15 A.M., Claimant called a Clerk in
Carrier's Tower at Los Angeles Yard, and reported to the Clerk to lay her
(Claimant) off for personal business on an indefinite basis. On September 17,
1984, a Representative of the Organization submitted a request for leave of
absence for the Claimant for the period September 18, 1984, to October 16,
1984 "account having problem getting school and baby sitter for baby." The
request for leave of absence submitted by the Local Chairman on behalf of
Claimant was denied by Carrier's Plant Manager on September 18, 1984.
Form 1 Award No. 11178
Page 2 Docket No. 11227
2-SP-EW-'87
The Claimant had not performed work for the Carrier after September
11, 1984, and had not reported for work on any subsequent days. Inquiry by
the Carrier developed that Claimant had enrolled as a full-time student at
Chaffey College on September 13, 1984. On October 16, 1984, Claimant was
notified by letter from Carrier's Plant Manager, which letter was sent to
Claimant's address of record Certified mail:
"You are hereby notified to be present at office
of Plant Manager, Los Angeles Locomotive Maintenance Plant, 2050 Kerr Street, Los Angeles,
California, at 9:00 AM, November 20, 1984, for a
formal hearing to develop the facts and place
responsibilty, if any, in connection with your
alleged dishonesty on September 17, 1984, when
you requested a leave of absence to take care of
personal family matters regarding a school and
babysitter for your children; also in connection
with your alleged absence from your duties as an
Electrician since September 18, 1984, allegedly
without proper authority. In connection with
this matter you are charged with responsibility
which may involve violation of the following
quoted portions of Rule 801 and 810 of the
General Rules and Regulations of Southern Pacific
Transportation Company reading:
Rule 801 - 'Employes will not be retained in the
service who are dishonest.'
Rule 810 - 'Employes must report for duty at the
prescribed time and place. They must
not absence themselves from their
employment without Proper authority.
They must not engage in other business
which interferes with their performance of service ...Continued failure
by employes to protect their employment shall be sufficient cause for
dismissal.'
You are entitled to representation in accordance
with Mechanical Department Agreement, and you may
bring to the hearing such witnesses as you may
desixe. Please acknowledge receipt of this
letter on copy attached and return it to this
office."
Further letter dated December 11, 1984, was addressed to the Claimant
to the effect that the Hearing was rescheduled for 9:00 A.M., January 15,
1985. On January 14, 1985, Claimant addressed the following letter to
Carrier's Plant Manager:
Form 1
Page 3
Award No. 11178
Docket No. 11227
2-SP-EW-'87
"I have been informed by my Electrician Representative of the charges brought against me by
the Southern Pacific Transportation Company.
While I am unable to attend the January 15th
hearing, I would like to address the charge of
alleged dishonesty in my request of a leave of
absence.
The reasons for my request for leave of absence
are the same now as they were on September 17,
1984. I was about to complete my apprenticeship
which meant that I would be involved in a shift
and rest day change because of my seniority date.
This would mean new babysitting arrangements
which working mothers everywhere know of the
difficulty. Additionally, I had planned on
attending school and I had no formal schedule at
that time.
I feel that Southern Pacific Transportation
Company has taken unusual steps in attempting to
resolve this matter. I feel that I have been
unduly harassed in the manner that management in
Los Angeles has investigated my absence. I feel
that I have been discriminated upon by Mr. J. B.
Harstad, Plant Manager, and the Southern Pacific
Transportation Company by not being granted a
leave of absence for my very legitimate reasons
while other male employes are granted same as a
common occurrence."
While Claimant stated that she would not be able to attend the
January 15, 1985, Hearing, she did not request a postponement of the Hearing,
or state when she would be able to attend. The Hearing was conducted on
January 15, 1985, as scheduled. Claimant was not present but was represented.
We do not consider Claimant's letter of January 14, 1985, as a proper substitute for attendance at the Hearing, where she would be subject to questioning by the Conducting Officer, and possibly Organization Representatives.
Following the Investigation, Claimant was notified of her dismissal from
service on February 24, 1985.
In the Investigation it was developed that Claimant had enrolled as a
full-time student at Chaffey College on September 13, 1984, prior to requesting a leave of absence; that the reasons stated for the leave of absence were
not factual; and that Claimant had been absent from work without authority
from September 18, 1984, and had been attending college on a full-time basis.
Claimant's dismissal from service was fully warranted; was not arbitrary,
capricious or in bad faith. Claimant was in violation of the Rules cited in
the letter of charge. The Claim will be denied. As stated in Second Division
Award No. 6710:
Form 1 Award
No.
11178
Page 4 Docket
No.
11227
2-SP-EW-'87
"Every employe has an obligation and a duty to -
report on time and work his scheduled hours,
unless he has good and sufficient reason to be
late, to be absent, or to leave early. These
reasons must be supported by competent and
acceptable evidence. No employe may report when
he likes or choose when to work. No railroad can
be efficiently operated for long if voluntary
absences are condoned."
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
000,
Attest:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1987.
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