Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11809
SECOND DIVISION Docket No. 11609
89-2-88-2-135
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
1. That the Southern Railway Company violated the controlling
Agreement, Rule 34, but not limited thereto, when they unjustly suspended
Machinist R. H. Jackson, Atlanta, GA., from service without pay, beginning
10:45 AM on May 28, 1987 and ending on May 29, 1987 at 12 midnight.
2. That accordingly, the Southern Railway Company be ordered to pay
Machinist R. H. Jackson for all lost time wages, with all rights unimpaired
and clear his record of the charge.
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.
A preliminary Investigation was held on May 7, 1987, to determine
Claimant's responsibility, if any, for his asserted failure to protect his
assignment on four (4) separate occasions within the period April 8, 1987,
through May 7, 1987. Based on the evidence developed at this proceeding, and
further taking into consideration his past disciplinary record, Carrier assessed a two (2) day actual suspension. Said discipline was held in abeyance
pending a formal investigation, and following this latter hearing, held on May
19, 1987, the Superintendent of the Atlanta Motor Shop affirmed the disciplinary suspension.
Form 1
Page 2
Award No. 11809
Docket No.~11609
89-2-88-2-135
In defense of his petition, Claimant vigorously contended that he was
late for just cause, since on three occasions, specifically, April 20, 22, and
23, 1987, the time clock was running fast and thus were not synchronized with
the whistles in the motor shop. In other words, Claimant maintained that he
was indeed on time, but the time clock registered an inaccurate entry time.
Furthermore, he observed that on May 5, 1987, when he was late fifty-one (51)
minutes, he inadvertently overslept due to a recurring nervous condition. His
testimony at the May 19, 1987, hearing, referenced hereinafter, sets forth in
detail his experience on the morning of May 5, 1987.
"Well, I do have a nervous condition from time
to time. After a number of years it often
causes me to sleep sound. On this particular
day or night I went into another bedroom but I
thought I could still hear the alarm go off and
I didn't move it because it is a digital clock
and it takes time changing it and I was having
nervous problems at the time and when I felt
like I could get up that morning but I didn't.
I didn't hear the clock, what woke me was my
sons clock about 30 or 45 minutes later. That
is when I was late on that particular day."
(See investigative transcript p. 25).
Carrier disputed his assertion that the time clock was running fast,
noting instead, that the testimony of several machinists clearly established
that the time clock was properly synchronized. It also pointed out that notwithstanding his emotional condition on May 5, 1987, he still was late that
morning and failed to protect his assignment. Accordingly, it argued that in
view of these findings, and Claimant's past disciplinary record, which included five (5) letters of reprimand for the same charged offense, the instant
suspension was warranted and in no way excessive or arbitrary.
In considering this case, the Board concurs with Carrier's findings
and disciplinary assessment. As per Carrier's General Conduct Rules, specifically, Rule GR-6, employees are mandated to report for duty at the designated time and place. It is a time specific non-discretionary requirement.
We have carefully reviewed the investigative record to ascertain whether the
coordinative linkage between the time clock and the whistle was unsynchronized, but we find no evidence to support Claimant's defensive assertions. In
addition, even conceding that his nervous condition contributed to his lateness on May 5, 1987, he obviously failed to take precautionary actions when he
slept in another room. The end result of his inattentiveness was the fiftyone (51) minutes lateness. Upon the record, the evidence fully supports the
charge that Claimant failed to protect his assignment on the cited days and,
as such, given his past disciplinary record for the same offense, the suspension imposed was consistent with the normative tenets of corrective discipline.
Form 1 Award No. 11809
Page 3 Docket No. 11609
89-2-88-2-135
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J
Ve
r - Executive Secretary
Dated at Chicago, Illinois, this 6th day of December 1989.