NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22973
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE;
(The Baltimore and Ohio Railroad Company
$WEMENT CF CLAIM; Claim of the System Committee of the Brotherhood (GL-8805)
that;
~, (1) Carrier violated the Agreement between the Parties when it
arbitrarily, and in abuse of discretion, dismissed Extra Clerk A. A. Graham, Jr.,
from service effective September 1, 1978, and,
(2) Carrier shall, as a result, be required to restore Mr. Graham
to Carrier's service with all rights unimpaired and compensate him for all
. wage losses from September 1, 1978, until so restored.
OPINION OF BOARD; The claimant had been in Carrier's service about four
years. He was assigned to the clerical Extra Board at
East St. Louis, Illinois. On August 15, 1978, he was notified to report for
investigation on August 22, 1978, on the following charge:
"You are charged with failing to protect your assignment
in that you did not protect calls for;
3;00 pm Yard Clerk on July 13, 1978
3;00 pm Yard Clerk on July 31, 1978
11:00 pm Caller on August 7, 1978."
The investigation was conducted as scheduled and on September 1, 1978,
claimant was notified of his dismissal from service. A transcript of the investigation has been made
and the record of the on-property handling shows that none of claimant's
substantive procedural rights was violated.
There was substantial evidence in the investigation in support of
the charge against claimant. Claimant's prior record in failing to protect
his assignment was also far from satisfactory.
The Organization contends that the only penalty for failure to
answer a call is a reduction in the guarantee under Rule 25. We do not find
Award Number 22867 Page 2
Docket Number CL-22973
such contention persuasive. As stated in Award 22513, involving the same
parties and a similar situation:
"We are not persuaded by the Organization's claims that
the only penalty for failure to answer a call is a
reduction of the guarantee under Rule 25. The Carrier
has an obligation to maintain a viable operation; to do
so, it must be able to expect a responsive and available
work force."
There is no proper basis for interfering with the discipline
imposed by the Carrier.
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 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 the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
AA4W
Dated at Chicago,. Illinois, this 30th day of May 1980.