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).



                                                    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 i


i ATTEST:

            .~:

        Executive Secretary


Dated at Chicago, Illinois, this 30th day of October 1979.
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