NATIOlfAL RAILROAD ADJUSTMERT BOARD
TRW DIVISION Docket Number
MB-22759
(Roger L. Jividen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAM "This is to serve notice, as required by the rules
of the National Railroad Adjustment Board, of my
intention to file an ex pane submission on September
23, 1978
covering
an unadjusted dispute between Roger L. Jividen and the Consolidated
Railroad Corp, I was charged with walking off the job on April 11,
1978.
I had an hearing on May
16, 1978,
and I was dismissed on May
17,
1978.
I did not walk off the fob on April 11,
1978,
I had informed the
timekeeper and my supervisor that I was taking my vacation. I was
working on tie gang
818
in Marion, Ohio and my Supervisor's name was
James Boyd. Boyd denied that I told him. On this tie gang everybody
had to sign in at the beginning of their shift and on this April 11,
1978
sign in sheet, I didn't sign in on this day because I was going
on vacation and when they had my hearing on May
16, 1978,
they asked
if I signed in on April 11,
1978 I
said no. Then Jamed Boyd said yes,
that I had. Bat I didn't. The next day James Boyd took the sign in
sheet to the office with sy name on it end the Divisional Engineer
dismissed me this same day. I saw the sign in sheet and my name
was
on
it, but it was forged. They even spelled my last name wrong. I have
appealed my case with the company and the union. I have heard from the
many bat I haven't heard from the union. The
company
said, that I
was guilty as charged. I sent this company a copy of the sign in sheet
with my signature
on
it and I told them that it was forged and I them that
TE818 had no
vacation
schedule posted like they are supposed to have, I
even requested a lie dector test be given all parties involved. But the
compare never said, ar4rthing about this, they just wanted to get rid of
me fast. I'm sending copies of this sheet where they forged
my
name.
I also have a paper with signatures of employees on
TK818
stating. that
there was no vacation schedule posted up to the date of May
16, 1978.
I feel that Consolidated Rail Corp. of Columbus, Ohio has done me wrong
on this decision. If ;,'au need any more information let me know."
OPINION OF BOARD: The record is clear that the claim that the Petitioner
is asserting before the Board has not been handled
and appealed on the property in accordance with the requirements of
Award Humber 22485
Docket Humber M-22759
Page 2
Section
3,
First (i) of the Railway Labor Act, Circular Ho. 1 of the
National Railroad Adjnatunt Hoard, or the rules of the applicable
agreement covering the craft in which claimant was employed. The claim
must, therefore, be dismissed by the Hoard.
If the claim were properly before the Board, it would be
denied on its merits. The transcript of the hearing conducted on May 16,
1978,
shows that when claimant's request, made on April 1,
1978,
to begin
his vacation on that date, was denied, he simply walked off the job. An
employe cannot be permitted to take matters into his own hands in such a
manner.'
F=nfGBi The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral
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;
I
That this Division of the Ad~ftxstment Board has jurisdiction
over the dispute involved herein; and
That the claim. be dismissed.
Claim dismissed.
ATTEST:
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Thud Division
Dated at Chicago, Illinois, this 24th day of August
1979.