NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-23769
Herbert Fishgold, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Chicago and North Western
Transportation Company:
(a) On May
30
and June 6, 1979, the Carrier violated the current
Signalmen's Agreement, particularly Rule 60 (revised) during the investigation
of Signal Maintainer L. R. Wilson, and subsequent discipline assessed to him.
(b) Carrier now be required to compensate Mr. Wilson the actual time
lost, which was thirty
(30)
days suspension, of the alleged charge, and also
clear his record of the discipline,aopy furnished this office." (Carrier file:
D-9-1-71)
OPINION OF BOARD: Mr. L. R. Wilson, the Claimant, is employed as a Signal
Maintainer by the Carrier. By letter dated April
18,
1979,
Claimant was notified to appear for formal investigation on the following charge:
"Your responsibility for failing to protect your assignment
on April
14,
1979 as required by Rule 16, BRSA and CNW
Traps. Co. Rule Book. Also your absence from duty without
proper authority on April 16, 1979 and all subsequent dates."
Following the investigation, Claimant was found guilty and suspended for
30
days.
In its appeal, the Organization maintains (1) that it is improper to
include is one investigation the issue of Claimant's failure to protect the
emergency service on April 14 and failure to protect his assignment on April 16
and subsequent dates; (2) that the Carrier failed to prove it attempted to call
claimant on April 14; and
(3)
that Claimant's absences on April 16-20 were
properly excused.
The Organization's first allegation is that Rule 60 (Investigation and
Discipline) was violated because it contained multiple charges and the Claimant
was not made known as to specific dates involved prior to the imvestigation.
Nothing in this rule prevents an employe from being investigated on more than one
charges as long as the charges are precise enough and allow the accused to
prepare a proper defense. See Third Division Award 14573. Here, although the
charge refers to April 16 and all subsequent dates, Claimant knew he was absent
from April 16-20 consecutively, sad at the time the notification latter was seat
on April
18,
Claimant was still absent and Carrier did not know when he would
return to work, this constituting a continuing offense. Moreover, claimant
acknowledged at the investigation that he had been properly notified. Accordingly,
Award Number 24176 Page
2
Docket Number
SG-23769
as in Third Division Award
22436,
this Board finds that "(t )he wording of the
notice of investigation was certainly clear enough so that he could adequately
prepare his defense."
On April
14, 1979,
a Saturday and Claimant's rest day, signal trouble
developed on approach
483
necessitating correction. This was Claimant's assigned
territory, and pursuant to Rule
16
(a) he was to either register absent if he was
unavailable or notify the person designated by management as to where he could
be called in as emergency. Claimant had done neither, but pursuant to an
understanding between the maintainers and local company officials is De Kalb,
each maintainer had a pager. Instead of signing off when away from home, they
carried their pager. If the Carrier tries to contact them by phone outside
their regular hours and receives no response, it calls the page number. When
the man's pager goes off, he calls the dispatcher.
Claimant admits he was not home on April
14,
but claims he had his
pager with him and it did not go off. Moreover, the Organization claims that
previous Awards by this Board have held that the Carrier must make more than one
attempt to contact an employs, and that the record only shows one attempt was
made. While this Board agrees that its previous Awards have held that, especially
in nonemergency situations, mare than one attempt to contact in employs should be
required (see, e.g., Third Division Award
22422),
nonetheless, the record herein
shows that four separate attempts were made to reach Claimant on April
14, 1979 -
two calls, one to his home and one to his pager, were made by both the Chief
Dispatcher and Signal Supervisor Freund, without Claimant responding. Under these
circumstances, this Board finds that the Carrier satisfied its obligation.
As to Claimant's absences on April
16-20, 1979.
Claimant testified that
he tried to contact the Signal Supervisor nt West Chicago, as required, on the
morning of April
16,
dust prior to the start of his shift. When he found the
line busy, he called the Roadmaster's office at De Kalb, and requested the clerk
to notify the signal office that he would be off on April
16.
Claimant testified
that this was the accepted procedure to follow when you could not reach the Signal
Supervisor's office at West Chicago. As for his continuing absences on April
17-20,
Claimant maintained that the call on April 16 was sufficient and that he
was required to take his daughter to the hospital in Rockford for tests all week.
Eves assuming that his call on April
16
was an acceptable method for
reporting off, Claimant admits that he did not specify his reason for being off
nor indicate when he would return to work, and further admits that he did not
attempt to call back either that day or thereafter. Finally, Claimant also
acknowledges that he knew well in advance of April
16
that he would be taking his
daughter for extended tests. Thus, Claimant could have made arrangements to lay
off prior to April
16,
and should have attempted to contact West Chicago again
to advise them of his need to be off the entire week. Indeed, at the investigation, Claimant was ask
"Do you feel you notified him (your supervisor) properly in the
respect that you would not be available for work and trouble
calls on those days (April
16-20)
without any advance
information on how long you would be off?"
Award Number 24176
Docket Number SG-23769
Page 3
His reply was
"NO,
I didn't." His failure to do so constitutes absence from duty
without proper authority on April 16-20, 1979.
The evidence supports the charges. The discipline is not unreasonable.
The Agreement was not violated and the claim is accordingly denied.
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, 193+;
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.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
BY
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 28th day of February
1983.