NATIONAL PAILROAD ADJM24M BOARD
THIRD DIVISION Docket Number SG-23263
Martin F~- Scheinnan
, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE : (
(The Belt Railway Company of Czicago-
STATEMENT OF CLAIM
: "Claim of the. General Committee of the Brotherhood of
Railroad Sigoalmen on The Belt Railway Oompany of Chicago:
On behalf of Sigoe
"I~ ~ M. Pawlaviczp who was assessed with: a ten
(10) days deferred suspension following formal investigation that was held on
February
15, 1979."
OPINION C&' BOVM
_: Claimant,, Assistant Signalmen., M. Pawloviczs after investi-
gationy
was assessed a ten (10) day deferred suspension.
The am= of the charge against Claimant was that he failed to call in or report
that he would be unable, to vork° his .regular assignment 'our January
18, 1979,
in
accosdance-vith'Rule H and Departmental Bulletin Notice dated December
is 1978.
The Orgn=t-camteada,that Claimant complied with the rule insofar
as he called ia:to work raherting,that he would be off duty on all the days he
was absent. It also°aigmed--that Claimant's
wife
called tht.Assistant Signal and
Electrical Supervisor to,adviw that Claimant would act -be, able to wqrk
January 17P .1979 or Jammorlr
18* 1979
- the day in question. Thereforey the
Organization,. cxaterda that Clafmaat'a personnel record should be cleared of
the tell (10) dalr·deferted suspension. In pertinent part., Rule H of The Belt
Railway Book# effecti-m June,
1s
1974', states:
"Emplolreea_mnat be- alert and devote themselves.
e
xd>uA1ve1,Y to the Company's service., attend
to tbkds"-duttes-during the hours prescribed,
ant~eariftwith the instructions from thepx~er-aufortty in matters pertaining to
their:re:poatiroe branches of the service.
TbW.muat not absent themselves from duty s.
eme1hav4e dvttles with, or substitute others
In-thefr-plaoes nor-engage in other business
without proper authority.
They must report for duty as required and those
subject to call for duty will be at their usual
exllfng place., or leave information as to where
they may be located."
Award Number 23307 Page 2
Docket Number SG-23263
In addition, all employes on the Signal and Electrical Department
under the supervision of M. Lukich were notified by Bulletin Notice dated
December 1,
1978,
that the "Call-in Policy" for the department would be
as follows:
"It has come to my attention that Signal and
Electrical Department personnel have a misunderstanding of call-in policy. On any day
an employee is to be absent or tardy, the
following procedure will be in effect. This
is departmental policy and any deviation will
result in disciplinary action.
1. Call Signal and Electrical Supervisor's
Office between the hours of
7:00
A.M. and
8:oo
A.M. at
496-048.
2. If no supervisory personnel are present,
leave message stating name, occupation,
and starting time.
3.
If appllcablep notify supervisory personnel
prior to date of absenteeism or tardiness.
4..
Periods of more than one day of absenteeism
should be specified when calling."
It is undisputed that, Claimant understood the requirement to notify the
Carrier when he would not be in to work. It is also clear that Claimant did not
report to work or personally call the office to notify Carrier.that he would not
be in to work on January
18, 1)79.
Claimant's only explanation is that his wife, who had called in for
him on the previous day, also mentioned that he might be out an additional day.
This statement was rejected by the Conducting Officer. An analysis of the transcript, specifically p
was not unusual.
Thus.. Claimant was guilty as charged. Given the proven offense,
the penalty assessed is neither arbitrary, capricious or unreasonable.
We will deny the claim.
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;
Award Number 23307 Page 3
Docket Number SG-3263
That the Carrier and the I3nployes involved in this dispute
are respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved Jane 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:
dot
Dated at Chicago, Illinois, this 29th day of May 1987..