Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11403
SECOND DIVISION Docket No. 11036
88-2-85-2-211
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(South Buffalo Railroad Company
Dispute: Claim of Employes:
1. That the South Buffalo Railway Company violated the controlling
agreement, particularly Rule 31-paragraphs (a) and (b) when on June 20, 1984
employees who were unavoidably detained from work account normally traveled
access road to Roundhouse (starting point of employees) being blocked by a cut
of cars, were docked one-half hours pay (.5).
2. That the South Buffalo Railway Company violated Safety Rules 12.2
and 12.3 when it allowed a cut of cars to block the normally traveled access
road to the Roundhouse, which would afford the employees opportunity to get to
their starting point in time to report for work. The employees, with respect
to this, hold that this is a responsibility which rests solely with the South
Buffalo Railway Company.
3. That the South Buffalo Railway Company be ordered to compensate
Carmen 2714 R.H. Hamilton, 2716 R.M. Murray, 2774, R.A. Burger, 2761, K.L.
Burley, 2784, D.J. Smith, 2805, A.M. Casell, Jr. and 2717, D.E. Boechel in the
amount of 30 minutes pay each at the straight time rate.
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 Organization contends that Carrier violated the controlling
Agreement, particularly Rule 31 - paragraphs (a) and (b) when, on June 20,
1984, employees who were unavoidably detained from reporting to work were
docked one-half hour's pay. It also charges Carrier with violating Safety
Rules 12.2 and 12.3, which impose upon Carrier a definitive obligation to keep
road crossings, streets, or other thoroughfares unobstructed.
Form 1 Award No. 11403
Page 2 Docket No. 11036
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On the aforesaid date, a switch crew, while handling a cut of cars,
blocked the road crossing used by Claimants to get to their assigned work
locations, thus precluding a timely arrival. The crossing was blocked approximately 55 minutes (6:30 A.M. to 7:25 A.M.).
The Organization argues that Carrier's actions singularly caused
Claimants' delay and the resulting exaction of 30 minutes pay was tantamount
to discipline. In essence, it asserts that Claimants were disciplined without
a fair hearing, in complete contravention of Rule 31(a).
It also argues that contrary to Carrier's assertion that three
alternative travel routes were available, it would have been unrealistic to
expect employees who were about 400 yards from their starting point to reverse
course and travel a few miles on primarily unpaved roads. It cited Second
Division Award No. 4698 as controlling.
In rebuttal, Carrier maintains that three alternative routes were
available and seven other employees who were in the same exact predicament
availed themselves of the travel options. Consequently, Claimants were not
unavoidably detained as that term is literally understood, since they could
have reported to work. Furthermore, it argues that Claimants were not disciplined, since they could have reported on time and the Agreement plainly
requires that eight (8) hours or leas shall constitute the basic work day. It
referenced several Second Division Awards to affirm its basic position that an
employer has the unqualified right to insist on adherence to working hours and
employees have an inherent obligation, in the absence of just and sufficient
cause, to report to work on time. (See, for example, Second Division Award
Nos. 8045, 8048, 7567, 7551, 7384, 7355, and 4150, et al.)
In considering this case, we concur with the Organization's position.
We certainly recognize that the term "unavoidably detained" is subject to
varied interpretations, depending on the unique facts and circumstances of
each contested situation, but we believe, in this instance, that Claimants'
judgment on June 20, 1984 was not unreasonable. The blockage was not caused
by their actions; they were only 400 yards from their work situs. There were
no indications that the crossing would be blocked for any length of time, and
the alternate routes over unpaved roads would have necessitated travel distances of a few miles. We do not agree with the Organization's contention,
however, that the docking of 30 minutes pay was equivalent to discipline
without trial, since Carrier has the right, absent just and sufficient cause,
to expect timely attendance and the correlative right to compensate employees
for time worked.
Since we have found a mitigating exception herein, consistent with
our past holdings, Claimants are to be made whole for the time docked.
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Form 1 Award No. 11403
Page 3 Docket No. 11036
88-2-85-2-211
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J.. r - Executive Secretary
Dated at Chicago, Illinois, this 6th day of January 1988.