NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24682
William S. Coleman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
( (former Penn Central Transportation Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier, without just and sufficient cause and on the basis
of unproven charges, improperly disciplined Truck Driver H. F. Monsour on
charges that
(a) he was allegedly absent without authority on
September 10, 20 and 24, 1979 (System
Docket No. 599);
(b) he allegedly failed to report for work at
the proper time on September 5, 7, 12, 13,
21 and 27, 1979 (System Locket No. 599);
(c) he allegedly failed to follow the instructions of Assistant Production Supervisor
C. W. Hollobaugh at 9:30 A. M. on October 4,
1979 (System Locket No. 598).
(2) The above charges be stricken from the claimant's record and
that he shall be compensated for all wage loss suffered.-
OPINION OF BOARD: This claim brings into review the action of the Carrier
in two separate acts of discipline.
Claim 1. Unauthorized absences and failure to report for work at the
proper reporting time.
Claim 2. Failure to follow the instructions of his supervisor.
A hearing on claim one was held on November 8, 1979. As a result of
that hearing, Claimant was assessed ten (10) days suspension from service. The
transcript of that hearing is a part of this record. A review of that transcript
reveals that the Claimant was absent on the dates at issue and that fact is
uncontested in the record. The Organization has offered mitigating circumstances
on his behalf as explanation of his absences and tardiness, but this Board has
consistently sustained the Carrier's right to insist on strict adherence to the
agreed working hours. Employes must report to the work site and be prepared to
begin their duties at the prescribed time. The Carrier is correct in not
tolerating tardiness and absenteeism. However, discipline of 10 days is
considered excessive by the Board and is hereby reduced to a 5 day suspension.
Award Number 24559 Page 2
Dbcket Number MW-24682
A hearing was held on Claim Two on October 24, 1979. The record
shows that Claimant was assessed fifteen (15) days suspension which was later
reduced on December 17, 1979, to five (5) days suspension. After a careful
review of the record, the Board concurs with the Carrier that an employe cannot
select which instructions he chooses to follow. The Claimants discipline of
five (5) days suspension is commensurate and no change shall be made in the
discipline assessed.
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 except that the discipline in
Claim (Z) was excessive.
A W A R D
Claim sustained in accordance with Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy .~ver - Executive Secretary
Dated at Chicago, Illinois, this 17th day of November, 1983.
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