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:
"1. That under the current Agreement, Mechanical
Department Electrician P.R. Hug was unjustly
treated when he was suspended from service for.
a period of thirteen (13) days beginning
November 25, 1991 through and including
December 7, 1991, following investigation for
alleged violation of Rule 604 of the Rules of
the Maintenance of Way and Structures Rule
' Book of Southern Pacific Transportation
Company (Western Lines).
2. That accordingly, the Southern Pacific
Transportation Company be ordered to
compensate Electrician P.R. Hug for all lost
wages due to the thirteen (13) days he was
suspended, 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 to
include interest at the rate of ten percent
(10%) 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 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:
"Rule 604: Employees must report for duty at the
designated time and place... They must not absent
themselves from duty, exchange duties or substitute
others in their place without proper authority.
Rule 607: Employees must not be... 3. Insubordinate...
Indifference to duty, or to the performance of duty, will
not be condoned."
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:
"Evidence adduced at formal hearing at Klamath Falls,
Oregon, October 8, 1991, established your responsibility
for your failure to report for duty at the prescribed
time and place, and also your failure to remain at your
post of duty at Cantara, when
you
absented yourself from
your responsibility without proper authority, August 17,
1991.
Form 1 Award No. 12758
Page 3 Docket No. 12590
94-2-92-2-142
Your actions in this instance constituted violation of
the following rule:
'RULE 604. Employees must report for duty at the
designated time and place... They must not absent
themselves from duty, exchange duties or substitute
others in their place without proper authority.'
of the Rules of the Maintenance of Way and Structures
Rule Book effective March 1, 1990.
For reasons stated, you are hereby suspended for a period
of thirteen (13) days, commencing November 25, 1991
through December 7, 1991." .
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.
AWARD
Claim denied.
O R D E R
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.