Robert Silagi, Referee


(Brotherhood of Railroad Signalmen
 PARTIES TO DISPGTE:
 (Burlington Northern Railroad Company

                STATEMENT OF CIA 11m: "Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Burlington Northern:


On behalf of leading Relay Repairman J. J. Draper far six hours' at the prevailing Leading Relay Repairman's rate of pay (x'3.96 total) account deprived of employment November 3, 1080 without an investigation in violation of Rule 54-A of the Signalmen's Agreement." (General Chairman file: SS-81-235. Carrier file: SI-81-23B)

 OPINION OF BOARD: Claimant's work day began at 7:15 A.M. On the day in question.
 he telephoned his shop manager to advise that he had forgotten
 to set his alarm clock the night before and that he would report for work as
 soon as possible. Claimant was told not to report for ;cork. Claimant demands
 six hours' pay on the theory that the Carrier violated Rule 5:+A by disciplining
 him without an investigation. Rule 54 - Investigations and Appeals, states in
 pertine_rit part

        "A. An employee in service sixty (60) calendar days or more will not be disciplined or dismissed until after a fair and impartial investigation has been held."


The Organization's argument is that the manager's re_°usal to permit Claimant to work the remainder of his shift constitutes "discipline" within the meaning of Rule 5kA and therefore entitles Claimant to am investiga tlon, citing "'bird Division Avard 7210 - Cluster. The Carrier denies that "discipline" is involved but relies on Rule 8A which sets the wor Said Rule, the Carrier argues., unambiguously declares eight hours to be the work day and nothing less. Since M'Aimant failed to appear at the starting tine of his assignment he could not pewtora a full day's work. The Car-Tier argues that Claimant may not work only that portion of the day for which he made himself' available, relying upon Second Division Award. 7838 - &is=. Mareov-, the 0arrier states that the shop manager had held four meetings with the entire shop force about tardiness advising all employes zhat he would not tolerate tardiness. At said meetings Rule 702 of the Maintenance of Way Depa..mentj, to which Claimant is subject, was quoted to the effect that "Fimployees gust report for duty at the designated tine and place." The Carrier also states that it has not allowed employes to work unless they are on the job at the scheduled starting tine.

 It is beyond question that an employe must report at his scheduled starting time absent approved advance notice or circumstances which are beyond his control. Oversleeping is not such a circumstance. It is also aromatic that a Carrier has the right to control tardiness, In this case all employes
                      Award Number 24428 Page 2

                      Docket Number SG-24386


had received repeated warnings about tardiness and it is undisputed that a practice had been enforced of not permitting tardy employes to work a partial day.

 The same issue has been adjudicated in the Third Division (Award 22904 - Scheinman, Award 23294 - LaRocco, Award 22287 - Weiss, Award 21598 - Smedley), wherein the Board upheld the Carrier's right to withhold work from an employe on the day he is try. An employe who is late without approval or good reason is in a tenuous position to demand the right to complete his assignment. Given the surrounding circumstances of this case we are convinced that the Carrier's action was not disciplinary in nature. The claim will therefore be 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, 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: Acting Executive Secretary
        National Railroad Adjustment Board


                    _ i


B /y-Q. ( 7 % ~7 . ( I' L'. ~~
        Rosemarie Brasch - Administrative Assistant


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

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