NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-21100
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employer
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7(66) that:
(a) The Southern Pacific Transportation Company violated the
Clerks' Agreement when it dismissed Mrs. Rena F. Cole from service;
and,
(b) The Southern Pacific Transportation Company shall now be
required to restore Mrs. Rena F. Coleman to service with seniority rights
unimpaired and compensate her at the rate of her position for November 2,
1973 and each date thereafter until restored to service with seniority
rights unimpaired.
(c) For any month in which claim is here made for compensation
in behalf of the claimant involved, the Carrier shall also make premium
payments on behalf of the claimant in the appropriate amounts required
under Travelers Group Policy Contract GA-23000, as amended, for all benefits prescribed in that cont
OPINION OF HOARD: Following a formal investigation on the property,
by letter dated November 21, 1973 Carrier notified
Claimant Rena F. Coleman--a Senior Agent, Accounts--that she was dismissed
from service because of certain actions found to be in violation of Rule 810
of Carrier's General Rules and Regulations--specifically, that portion of
Rule 810 reading:
"Employee must report for duty at the prescribed time
and place, rain at their post of duty, and devote themselves exclusively to their duties during thei
They must not absent themselves from their employment without proper authority
...."
The actions of claimant which precipitated her dismissal were:
1) On October 31, 1973 she reported for duty approximately
30
minutes after
her scheduled 7:50 A.M. starting time; 2) Shortly before 9:00 A.M. on
November 1,
1973
she left work after obtaining permission to go to the bank
for an emergency personal reason, and did not return to work until 1:15 P.M.
Award Number 20953 Page 2
Docket Number CL-21100
that day. With respect to the October 31, 1973 tardy reporting, claimant's
explanation is that she "got lost", but the evidence indicates there was
no reason for her to become lost--even though this was her first day on
the Job at the subject location--because she had visited the same location
the previous dy for the purpose of exercising her displacement rights.
With respect to the November 1,
1973
incident, there is conflict in the
testimony concerning whether claimant was given permission to be away from
her job not more than
30
minutes, but she had no reason to believe she was
excused for a period of more than four hours. Her absence for that period
is not adequately explained.
The above-described conduct of Claimant Coleman was violative of
Carrier's Rule 810 and made her liable for disciplinary action. In view
of her prior extremely poor attendance record, for which she twice was
dismissed, we cannot say that Carrier abused its discretion by taking dismissal action.
FINDINCB: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
000ev'
Executive Secretary
Dated at Chicago, Illinois, this 13th day of February 1976.