Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12758
Docket No. 12590
94-2-92-2-142

The Second Division consisted of the regular members and in addition Referee Rodney E. Dennis when award was rendered.

(International Brotherhood of ( Electrical Workers PARTIES TO DISPUTE: (Southern Pacific Transportation Company ( (Western Lines)

STATEMENT OF CLAIM:













FINDINGS:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act as approved June 21, 1934.
Form 1 Award No. 12758
Page 2 Docket No. 12590
94-2-92-2-142

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.


Parties to said dispute waived right of appearance of hearing thereon.


Claimant is employed by Carrier as an Electrician. He is regularly assigned to the Maintenance of Way Department in Klamath Falls, Oregon. On August 17, 1991, Claimant and two Water Service Mechanics were instructed to report to the Cantara Loop to set up flood lights so that crews could work at night repairing the area of a major derailment. Claimant was the only Electrician available. The record reveals that he was instructed to report to work at 2:00 P.M., but arrived at 2:40 P.M. He got to the work site at 4:30 P.M. After the lights were set up, Claimant left the work site, leaving the two Water Service Mechanics in charge at the site.


On Monday, the Utility Supervisor was informed that Claimant had reported for work late and had left the work site without permission. As a result of his actions, Claimant was notified to appear at a hearing. Claimant was charged with violating Rule 604 and Rule 607. Those Rules read in pertinent part as follows:




After two postponements, the Investigation was convened on October 8, 1991. As a result of that Investigation, Claimant was found guilty and assessed a thirteen-day suspension. The letter notifying him of the outcome of the Investigation reads as follows:


Form 1 Award No. 12758
Page 3 Docket No. 12590
94-2-92-2-142









This Board has reviewed the total record of this case. As a result of that review, the Board concludes that Claimant was afforded all substantive and procedural rights guaranteed him by Agreement. Carrier's imposition of a thirteen-day Suspension in this instance is reasonable. This Board can find no basis in this record for modifying carrier's actions in any manner.








This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be maade.


                            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division


                            Dated at Chicago, Illinois, this 13th day of October 1994.