(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Southern Pacific Transportation Company ( (Texas and Louisiana, Lines)

STATEMENT OF CLAIM: "Claims of the General Committee of the Brotherhood of
Railroad Signalmen off ,the Southern Pacific Transportation
Company (Eastern Lines):








. 1981, because he was five minutes late.





OPINION OF BOARD: These three claims, separately filed is behalf of each of
three employes.,have been combined in one submission to
this Board. Each claimant seeks eight hours pro rata pay for not having been
allowed to work for the day because of lateness.

Two of the claimants reported for duty two miautgs after their prescribed starting time. The third was five minutes late. A11 were not permitted by their respective foremen to work on the particular day.

The Organization contends that the employes were disciplined without the prior investigation required by the Agreement.

The Carrier responds that the employes were not disciplined; that they voluntarily absented themselves from work by failing to report for the full shift as established by the Agreement.

                    Docket Number 3G24388


In the Board's view, based on all the circumstances shown by the record, the Carrier acted unreasonably in barring these claimants mom their work.

As we have frequently emphasized, the Carrier has the right to expect its employes to be prompt in reporting for work. We believe, however, that the authority should be exercised fairly and reasonably, with due regard to the particular circ to five minutes on one occasion, with no evidence of similar habitual conduct and while the gang was in our opinion, to justify the loss of a day's work.

For this reason, the claims will be sustained. It is accordingly unnecessary to consider the procedural issue raised by the organization.

        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 appr6ved.June 21, 1934;.

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.


                            NATIONAL RAILROAD ADJUSZIENT BOARD

                            By Order of Third Division


        ATTST: Acting Executive Secretary National Railroad Adjustment Board


BY .-
        _osemarie Brasch - ::- ~__4.04wiow~

                    Administrative Assistant


        Dated at Chicago, Illinois, this 15th day of February 1983.