NATIONAL RAILROAD AWUSMUHT HOARD
THIRD DIVISIOI( Docket Number CL-24385
(Brotherhood of Railvay, Airline and Stesmsbip Clarks
( Freight Handlers, Rxpsess and Station. FS:ployes PARTIES
TO DISPUTE:
(Chicago and Meath Western
Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
-9527) that:
when under date of May 23, 1980 it issued particularly Rae 211,
Motor Truck Operator, Clinton vas dismissed from service account
investigation held may 19, 1980, and
2) Carrier shall now be required to reinstate Mr. Veselko with all rights
unimpaired and make him whole for all losses incurred from May 23rd, 1980 until the violation
is corrected to include losses incurred in connection with fringe benefits withheld.
OPINION CF BOARD: Claimant vas formerly employed by the Carrier 'as Motor
Truck Operator at Clinton.. Ions. on March 24, 1980, he vas sentenced to 200
days in jail on a morals charge. On May 13,
1980,
Carrier notified claimant to report for investigation to
be held on May
19, 1980,
on the charge:
"?our responsibility for violation of Rule #14 of the Regulations and
Safety
Rules, effective
June 1,
1967;
specifically your failure to
protect your assignment as motor truck operator on March 24,
1980,
and all subsequent dates you were scheduled to work."
The investigation vas conducted as scheduled, and on May 23,
1980,
claimant vas
dismissed from service.
The Organization contends that Rule 21(a) of-the Agreement vas violated. It refers
specifically to that portion of Rule 21(a) reading:
" ....The investigation shall be held within seven calendar days of the alleged offense
or
within seven calendar days of the date information concerning the alleged offense has
reached his supervising officer ...."
The Organization contends that March
24,
1980, vas the fi=st day of the offense for
which claimant vas charged; that claimant's supervisor knew of the offense on March
24,
and that the
Carrier violated the Agreement by waiting until May 19, 19801 or forty-nine days to prefer the charg
and fifty-five days for the investigation.
Avard Number
24353
Page 2
_ Docket Number CL
-24385
The Board finds no justification for the Organization's contention as to the timeliness of
the charge or the investigation. Claimant's absence !roan March
24,, 1980..
to
the date of the
charge, May
13, 1980,
was of a continuing nature. The charge vas Issued during the period of the
absence, and the investigation vas timely held after the date of the charge.
Claimant did not appear for the investigation; no request vas made for postponement;
nor did a representative appear in his behalf. In the investigation evidence was adduced that
claimant
did not protect his assignment between March 248,
1980, and limy 13, 1980r
nor did he
have permission to be absent.
There is no dispute that claimant's failure to protect his assignment was due to being
incarcerated. This Board has held in numerous avards that being is jail is not a valid reason for an
employe's failure to protect his assignment. We agree with those awards.
There is no proper basis for this Board to interfere with the discipline imposed by
the Carrier.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and hods:
That the partied 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,
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
V"t
f~ ·;_ i!
Claim denied. \~~.
_ -a
NATIONAL RAILROAD AWUST1=T
BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
By
Rosemarie e Breech - Administrative Assistant
Dated at Chicago, Illinois, this 13th day of May
1983.