NATIONAL RAILROAD ADJUSTMENT HOARD

Award Number 21185

THIRD DIVISION Docket Number SG-21189

Irwin M. Lieberman# Referee

(Brotherhood of Railroad Sigoalmen PARTIES TO DISPUTE: (Chicago and North Western Transportation Compam7

STATEMM CH' CLAD(: Claim of the General Committee of the Brotherhood of
Railroad Signalmm on the Chicago and North Western
Transportation Company.

(a) On November 28, 1973 the Carrier violated the current Signalmen's Agreement, particular rule 2(b
(b) The carrier now be required to compensate Mr. King, Mr. Ramberg, Mr. Roberts and Mr. Mittleatead their personal record of this discipline because of this violation.

fC-arrier's file Nos. D-9-17-12, D-9-17-13, D-9-17-14, D-9-17-1f

OP33FICK OF BOARD: This is a discipline dispute in which Claimants were
given ten day suspensions for absenting themselves
from duty. Petitioner contends that the investigation was too soon after
the alleged infraction and did not give Claimants adequate time to prepare
their defenpes. This contention must be rejected since the transcript in
dicates that the hearing officer offered to postpone or continue the hearing
to afford the General Chairman more time, but the offer was refused.

The recd of the investigation reveals that the four emple"s were scheduled to begin work at 7:30 A.M. and were found in a restaurant by a supervisor at 8:00 A.M. and did not start to work until 8:15 A.M. These facts were not denied. It is apparent that there was sufficient evidence to justify Carrier's The controversy as to whether they were having coffee or breakfast is immaterial to the main thrust justifiable basis for disciplinary action in view of Claimants' unauthorized absence from their assi

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;

Award Number 21185 Page 2

Docket Number 8G-21189

That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee 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

Claims denied.

_ NATIMAL RAILROAD ADJUSTMENT HOARD

- '-~ r- By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 13th day of August 1976.