NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25479
Eckehard Muessig, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railroad Company (Southern Region)
STATEMENT OF CLAIM: 'Claim of the System Committee of the Brotherhood that:
1. The Agreement was violated when Trackmen J. Riley, J. Keen, R.
Combs and T. Melvin sere suspended from service for one (1) day (August
27, 1982) without just and sufficient cause and without benefit of the
procedure stipulated in Rule 21(a)(1) (System File C-TC-14971 MG-3659).
2. The claimants shall each be allowed eight (8) hours of pay at
their respective straight time rates."
OPINION OF BOARD: The significant events leading to this Claim began
on Friday, August 27, 1982 when the Claimants,
members of a work crew, reported to work without their safety glasses.
Because of this, the Carrier's Supervisor refused to allow the Claimants
to remain in service, resulting in the Claim before us.
The Organization contends that the Claimants had been instructed
to leave their safety glasses in a Carrier-owned vehicle from which
they later disappeared. Accordingly, it argues that when the Claimants
reported for duty, additional safety glasses should have been provided
to them by the Carrier. Moreover, it contends that the Carrier's refusal
to allow the Claimants to perform their duties effectively served as
discipline for the alleged violation of safety Rules and, therefore,
the Claimants were entitled to a hearing under the provisions of the
Controlling Agreement.
the Board has thoroughly reviewed the evidence properly before us.
This material shows that the Claimants had been forewarned of the necessity
of wearing their safety equipment and that failure to bring such equipment
to work would result in the employee being relieved from duty until the
proper protective equipment was obtained. Moreover, the Safety Rule
affirms certain responsibilities of the employee for safeguarding equipment
issued and for securing replacement for lost equipment. They failed to
comply with the Carrier's requirements and, under the circumstances,
the Carrier's actions cannot be said to be unreasonable.
In view of the foregoing, the Claim must fail.
Award Number 25814 Page 2
Locket Number MW-25479
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 Employees 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
Nanc v~ever - Executive Secretary
Dated at Chicago, Illinois, this 12th day of December 1985.