Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13744
Docket No. 13641
03-2-01-2-46
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railway
STATEMENT OF CLAIM:
"1. That in violation of the current April 1,1983 Agreement, Rule 35 in
particular, Electrician Mark Billingslea was unjustly suspended
from the service of the Burlington Northern/Santa Fe Railroad
Company for a period of twenty (20) days following an
investigation held on December 16, 1999.
2. That the investigation held on December 16, 1999 was not a fair
and impartial investigation under the terms required by the rules
of the controlling Agreement, and that the twenty (20) day
suspension of Electrician Mark Billingslea was excessive and
unwarranted.
3. That accordingly the Burlington Northern/Santa Fe Railroad
Company be directed to make Electrician Mark Billingslea whole
with respect to all lost wages, rights, benefits and privileges which
were adversely effected by his unjust suspension from service.
Further, that all record of this matter be removed from Electrician
Mark Billingslea's personal record."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the!
evidence, finds that:
Form 1 Award No. 13744
Page 2 Docket No. 13641
03-2-01-2-46
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
On January 3, 2000 the Carrier suspended the Claimant for 20 days plus
activated a five day deferred suspension. At an Investigation held on December 16,
1999 the Carrier found that the Claimant violated Rule S-28.14 on November 26,1999
by being absent without authority.
The Rule reads as follows:
"S-28.14 Duty - Reporting or Absence
Employees must report for duty at the designated time and place with the
necessary equipment to perform their duties. They must spend their time
on duty working only for the railroad.
Employees must not leave their assignment exchange duties, or allow
others to fill their assignments without proper authority.
Employees must not be absent from duty without proper authority.
Except for a scheduled vacation period, authorized absence in excess of
ten calendar days must be authorized by formal leave of absence, unless
current agreement differs."
The date in question was the day after Thanksgiving and accordingly, the
Carrier was working off the Holiday Overtime List. The Claimant with a little more
than a year's experience was working off the Holiday List for the first time.
According to the Carrier the Claimant was assigned to work from 8:00 A.M. to
4:00 P.M. on November 26, 1999. The Claimant thought the work hours were from
4:00 P.M. to Midnight, and therefore showed up for work at 4:00 P.M. A review of the
Form 1 Award No. 13744
Page 3 Docket No. 13641
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"Holiday Assignment List" is at best confusing. Nowhere on the list is there an 8:00
A.M. reporting time. The Crafts are listed, and to the right of some names a time is
listed, such as 7:30 A.M., 9:00, etc. Under some names other times are listed. Above
the Claimant's name is "(4:00 P.M. -12:00 MN) CUS." It also could have been the time
for the Coach Cleaner listed above the Claimant.
It is clear the list is not obvious as to who is to work when. The Claimant
probably should have asked for a clarification, but by the same token the Carrier could
produce a much clearer list.
The question in this case is whether the Claimant's misreading of the list is
worthy of discipline. Based on the facts as presented, the Board deems that discipline is
not warranted for an honest mistake.
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) be made. The Carrier is ordered to make
the Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 30th day of June 2003.