NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20971
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Robert W. Blanchette, Richard C. Bond
( and John H. McArthur, Trustees of the
( Property of Penn Central Transportation
( Company, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7730) that:
(a) The Carrier violated the Rules Agreement, effective
February 1, 1968, particularly Rule 6-A-1, when it assessed discipline
of 15 days suspension on Claimant D. L. Sims, Ticket Clerk at the Carrier's
Passenger Station, 30th Street, Philadelphia, Pennsylvania.
(b) Claimant D. L. Sims' record be cleared of the charges
brought against him on June 14, 1973.
(c) Claimant D. L. Suns be compensated for wage loss sustained
during the period out of service.
OPINION OF BOARD: Claimant D. L. Sims was assessed fifteen days'
suspension under these circumstances: At approximately
10:00 PM on Wednesday, June 13, 1973, while working his regular second
trick Ticket Clerk assignment at Carrier's 30th Street Station, Phila
delphia, Pennsylvania, he overheard two supervisors discussing the fact
that a 6:00 AM position would have to be blanked on June 14. Despite
the fact that he was scheduled to be on duty until 12:30 AM that date,
claimant said he would be willing to fill this vacancy. Ticket Supervisor
S. J. Woods responded that under the circumstances, claimant would be
working the entire day. Claimant replied he understood this but would
take the job, and he was so assigned. At approximately 5:45 AM on
June 14, however, claimant reported he would be unable to cover this
6:00 AM overtime assignment but would cover his regular second trick
position that afternoon. Claimant thereafter received written instructions
to appear for investigation in connection with the charge of failing to
cover the subject position after accepting it, by reporting off a few
minutes prior to its starting time.
Claimant's rights were not prejudiced by the investigation.
The evidence supports the finding of guilt. Between his service entry
Award Number 21749 Page 2
Docket Number CL-20971
date of February 25, 1970 and April 1973 claimant had been disciplined
on five occasions for excessive absenteeism and tardiness. The discipline
imposed in this instance was not unreasonable, arbitrary, capricious or
in bad faith. A denial award is warranted.
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
491
Dated at Chicago, Illinois, this 14th day of October 1977.