NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22709
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System,Committee of the Brotherhood (GIr8690)
that:
1. The Carrier acted in an arbitrary, capricious and unjust manner
and violated the agreement between the parties when on March 10, 1978 it
suspended Clerk Jessie Thompson from the service for a period of ten (10)
working days effective March 13, 1978.
2. In view of the foregoing arbitrary, capricious and unjust action
of the Carrier, it shall now be required to:
(a) Restore Clerk Thompson to service of the Carrier with
all seniority, vacation and other rights unimpaired.
(b) Pay Clerk Thompson for all time lost commencing with
March 13, 1978 and continuing until March 27, 1978.
(c) Pay Clerk Thompson interest at the rate of 109 on the
amount claimed under (b) above.
OPINION OF BOARD: On March 4, 1978, the Claimant was notified to appear
for an investigation on a charge that she failed
properly to mark another employe as laying-off, which resulted in certain
overtime payments until another employe could be called.
Subsequent to the investigation, the Claimant ,Ws suspended from
service for ten (10) working days.
The evidence adduced at the hearing demonstrated that the Claimant
did receive a call from another employe at 4:35 a. m. on the day in question,
and she was informed by that employe that he was not feeling well. The
Claimant advised the employe that she had an extra employe available who
could be used to fill the vacancy, and that it would be permissible for
him to lay-off. However, she did not follow through or arrange alternate
coverage. .-
Award Number 22905 Page 2
Docket Number CL-22709
The Claimant defended her actions on the basis that she thought
a "joke" was being played upon her when she received the telephone call.
After a review of the entire record, we are of the view that
there is no procedural de*iciency which precludes us from considering
the case on the merits. There is nothing presented to us which causes
us to dispute the Carrier's finding that the Claimant was guilty, as
charged, and under the circumstances, we do not conclude that the
discipline imposed was arbitrary and/or capricious.
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 Employes 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:
Executive Secretary
Dated at Chicago, Illinois, this 27th day of June 1980:
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