NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Joseph A. Sickles, Referee
PARTIES TO DISPUTE:
STATE OF CLAIM:
Railroad CompaEy:
Award Number 22599
Docket Number SG-22531
(Brotherhood of Railroad Signalmen
(
(Missouri Pacific Railroad Compaw
"Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Missouri Pacific
On behalf of Signal Maintainer R. M. Moore, who was disciplined
April 4, 1977 (30-day suspension); for pay for twelve hours' at the
current Signalmen's rate, $7.20 per hour, for the time he lost on
March 20 and 21, 1977; and pay at his respective rate of pay for the
thirty days he lost account being suspended April 4, 1977, through
MV 4, 1977, including overtime worked by others on his assignment."
/Carrier file: B 225-7382
OPLII0N OF BOARD: On March 21, 1977, Claimant was notified to report
for investigation regarding an allegation that he
had failed to wear shoes suitable for the duties in
which he
was
engaged.
Subsequent to the investigation, he was suspended for thirty (30)
days. The claim also seeks payment for twelve (12) hours for March 20
and 21, 1977.
Initially, we have noted an assertion that the Technicians in
question did not have the authority to act in this case. We disagree.
Carrier may authorize its agents to take certain action as it feels
appropriate. Nor do we agree that the charge was improper or indefinite.
The record substantiates that Claimant had been warned
previously concerning the use of canvas "slip-on" shoes with crepe soles.
Nonetheless, he persisted in wearing that type of footwear. There is an
adequate basis for imposition of a thirty (30) day suspension. However,
it appears that Carrier waited until certain work was performed prior to
"pulling" him out of service. Under those circumstances, we will sustain
the claim for the twelve (12) hours of pay for March 20 and 21, 1977, but
deny the claim as it relates to the thirty (30) day suspension (April 4,
1977 thrrough May 4, 1977).
1
v/
It-
Award Number
22599
Page 2
Docket Number SG-22531
FINDINGS: The Third Division of tie Adjustment Board, upon the whole
record and all the evidence, finds and hold;:
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, 193;;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained only irsofar as it relates to twelve (12)
hours o_° pay for March 20 and 21, 1977.'
NATIONAL RAILROAD AD7U-STMENT BOARD
By Order of Third Division
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ATTEST:
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Dated at Chicago, Illinois, this 30th day of October
1979.
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