NATIONAL RAILROAD AWUS24M BOARD
THIRD DIVISION Docket Number CL-23239
Rodney E. Dennis, Referee
(Brotherhood of Railway. Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
- (Chicago Short Line Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8919) that:
1. Carrier violated the effective Clerks' Agreement when, folowing as investigation on October 3
from service for a period of thirty (30) days, commencing on November 7,
1978, and continuing uo to and including December
6,
1978;
2. Carrier shall now compensate Mr. Bone for all time lost as
a result of this susvension from service and shall clear his record of the
charge placed against him.
OEINION OF BOARD: Claimant Bone is a yard clerk in Carrier's employ. On
October 2, 1978, claimant did not report for work.
Carrier notified him that as investigation into the incident of his absence
would be held on October 31, 1978. At the conclusion of that
hearing,
claim
ant was found guilty of failing to protect his assignment on October 2. He
was assessed a 30-day suspension. A review of the record of that investi
gation reveals that claimant received a full sad fair hearing and that he
was granted all substantive and procedural rights guaranteed by agreement.
Claimant called his supervisor on Sunday evening, October 1, 1978,
to tell him that he wanted to mark off until further notice, account he was
upset. The supervisor denied claimant permission to be off for such a
reason. During the conversation,, claimant changed his reason for wanting
to be off from being upset to being sick. The supervisor still did not
grant claimant permission. He did, however, indicate ,.hat if claimant
wanted to be off, he would have to get permission from someone is a higher
position than the supervisor. He, the supervisor, would not grant such
permission.
Claimant called Carrier's Vice President and requested that he
be granted permission to be off on Monday, October 2, account he was upset.
After what appears fry the record to be a rather lengthy conversation, the
Vice President told claimant he would not undermine his supervisor's authority and grant claimant pe
night's sleep. If he still did not feel well in the morning, he should call
is end report off sick. Claimant did not call in and report off.
Award Number 23304
Docket Number Q.-23239
Page 2
We have carefully reviewed the record and must conclude that
Carrier did not violate the agreement by assessing a 30-day suspension
is the instant case. Claimant, by his own testimony, stated that he did
not call in on the morning of October 2 to report off. Carrier's Vice
President gave claimant a perfect "out" by suggesting that if he did not
feel well is the morning, he could call in and report off sick. Claimant
neglected to do so at his own peril.
This Board need not cite previous decisions on this point to
support its position. It is well understood in the railroad industry
that failure to report off and failure to protect one's assignment are
grounds for discipline. Claimant is a local union official xho, among
all employee, should know and follow the rules. He failed to do so in
this case and Carrier had the right to discipline him. The record also
reveals that claimant has run afoul of time and attendance standards in
the past
.
Carrier took into account claimant's past record is deciding
on the level of discipline to be administered. This Board sees no basis
on which it can find Carrier in violation of the agreement or the accepted
principals of progressive discipline.
FINDMGS: The Third Division of the Adjustment Board,, upon the whole
recm-l. and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employer. 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 Carrier did not violate the agreement.
A W A R D
Claim denied.
ATTEST:
a
/,00v
EScectitive Secretary
NATIONAL RAILROAD ADJUSTSiEiiT BOARD
By Order of Third Division
Dated at Chicago., Illinois, this 29th day of May 19$1.