NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-20412
(D. L. Woods
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM: Pursuant to your letter, dated August 9, 1973, we
hereby supplement our letter and submission dated
August 6, 1973 and notify you of our intention to and filing of an ex
parte submission on behalf of Yard Clerk D. L. Woods. Also pursuant
to that letter, enclosed are ten additional copies of the ex-parte
submission.
The submission claims reinstatement to service with pay for
all time lost, account Yard Clerk Woods being erroneously dismissed
from the service of the Terminal Railroad Association.
A copy of this letter and one copy of the ex-parte submission
on behalf of Yard Clerk D. L. Woods has been furnished to Mr. J. W.
Hammers, Manager of Labor Relations for the Terminal Railroad Association.
OPINION OF BOARD: Our review of the record shows that Grievant, by
his own admission, failed to protect his assign
ment on November 1, 1972, as charged. The failure to protect one's
assignment is a serious matter. As stated in Award No. 14601 by
Referee George S. Ives,
"Unauthorized absences from duty, if proven are serious
offenses, and often result in dismissal from service."
Railroad operations are highly interdependent with numerous functions
requiring strict conformity to schedule if coordination is to be
accomplished. Absenteeism, or failure to protect one's assignment-like being AWOL in a military orga
effective functioning of the entire organization. The failure to
protect one's assignment justifiably exposes the offender to dismissal.
Grievant argues that extenuating circumstances--defective
or mal-functioning alarm clock, previous night-time assignments, and
telephone call to Supervisor expressing desire to report for work
later that shift--make dismissal an excessive discipline. Grievant's
past record shows that in a little over a total of three years of employment, two as messenger and a
had previously been dismissed and reinstated on a leniency basis, and
he had previously waived investigation and pleaded guilty to a charge
Award Number 20178 Page 2
Docket Number MS-20412
of absenting himself from duty without proper authority when he
failed to protect his assignment as a Yard Clerk. On careful consideration of the entire record in t
finds that the Carrier's decision to dismiss Grievant was not
arbitrary, unreasonable, capricious, unsupported by the record, or
excessive.
In its submission to the Board, the Petitioner has worded
its Statement of Claim and has raised several procedural issues which
the record shows were not raised in the handling of the dispute on the
property. It is so well settled as to require no citation that this
Board in adjudicating disputes, may not consider substantive claims,
or issues or defenses not raised by the parties in the handling of the
dispute on the property.
Based upon the record of the dispute as handled on the
property, the Board finds that none of claimant's substantive procedural
rights were violated.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated, and that the discipline
imposed was not excessive.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1974,