NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
CL-22607
(Brotherhood of Railway, Airline and
Steamship Clerks, Freight Handlers,
Express and Station Employes
PARTIES TO DISPOSE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8589)
that:
(a) The Southern Pacific Transportation Company violated the
current Clerks' Agreement when it dismissed Mr. E. W. Genest from
service September
9, 1976;
and
(b) The Southern Pacific Transportation Company shall now be
required to reinstate Mr. Genest and to compensate him one day's pay at
the rate of Bill Clerk Position No.
319, $50.68
per day, beginning
September
9, 1976,
and continuing each work day thereafter until
returned to service with all rightsunimpaired, including seniority,
insurance, hospitalization, and all other Agreement emoluments.
OPIN1OP OF BOARDi Claimant entered the service of the Carrier as a clerk
on January 12, 1971. On August
19, 1976,
he was
regularly assigned as bill clerk at Carrier's Los Angeles Yard.
Following a rather lengthy investigation conducted on
August
30, 1976,
claimant was notified on September
9, 1976,
of his
dismissal from service for violation of the following portions of
Rules
801
and
810:
Rule
801:
"Employes will not be retained in the
service who are insubordinate "
Rule
810:
"Employes must report for duty at the
prescribed time and place, remain at their
post of duty, and devote themselves exclusivelyy
to their duties during their tour of duty.
They must not absent themselves from their
employment without proper authority ...."
Award lumber 22498 Page 2
Docket Number CL-22607
The Hoard has carefully reviewed the transcript of the
investigation and finds substantial evidence to support a violation of
the cited rules. At approximately 6:15 P. M., August 19, 1976, claimant
was instructed by the Assistant Chief Clerk to drive a carryall truck to
Carrrier's shop area and pick up a train crew. The Assistant Chief Clerk
testified that claimant responded by stating that if he had to work as
a messenger, he would be sick and to mark him off. Subsequently claimant
was instructed by Carrier's Assistant Terminal Agent to drive the carryall truck to the shop area to
stated to mark him off sick. The Assistant Terminal Agent stated that
he did not give permission to claimant to be off; that he asked the
claimant the nature of his illness and claimant responded "..anything
you want to call it, I'm going home sick."
We are inclined to agree with the Carrier's description of
the case as a "knee-jerk claim of illness in response to an order to
perform a service the employe considers undesirable." The Board does
not condone such action by any employe. However, it would seem that the
time claimant has been out of service should be sufficient discipline for
the offense.
We will award that claimant be restored to service, with
seniority rights unimpaired, but without pay for time lost.
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 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 Board has jurisdiction
over the dispute involved herein; and
That permanent dismissal was excessive.
Award Number 22498 Page 3
Docket Number CL-22607
A W A H D
Claim sustained to the extent indicated in the Opinion
and Findings.
NATIONAL RAILROAD ADJUSTN.''.NT HOARD
By Order of Third Division
ATTEST:~H/'
gaze-0a.-
Dated at Chicago, Illinois, this 31st day of August
1979.