NATIOPAL RAILROAD ADJUSgiENT BOARD
THIRD DIVISION Docket Number SG-24388
(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):
Claim No. 1 Carrier file: 308-6q-A.
On behalf of Signalman Mark Grimsley for eight hours
pro rata pay account not allowed to work on January 6,
1981,.because he was two minutes late.
Claim No. 2 Carrier file: 308-66-A
On behalf of Signalman J. Sampy for eight hours
pro rata pay account not allowed to work on January 14,
. 1981, because he was five minutes late.
Claim No. 3 Carrier file: 308-68-A
on behalf of Signalman Ronnie McElwrath for eight
hours pro rata pay account not allowed to work on Janus y 6.,
1981, because he was two 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.
Award Number 24151 Page 2
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.