Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27037
THIRD DIVISION Docket No. MW-26714
88-3-85-2-465
The Third Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
1. B&B Mechanic G. Pfistner shall be compensated for all compensation
loss suffered by him as a result of being improperly withheld from service
from June 18 to June 27, 1984, both dates inclusive. (System Docket CR-1051)."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has Jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
In this case, admittedly, the Board is confronted with a novel adjudicative issue. That is, we h
partisan positions. In effect, nothwithstanding the assessment of a ten (10)
day deferred suspension, which by simple extension means at least, deferred
until some future date, the Claimant believing that the Disciplinary Notice,
stating, in part, "put into effect, 6-I1-84" actually meant he was to be off
ten days, and thus absented himself from work on June 18, 19, 20, 21, 25, 26
and 27, 1984. When he was accorded an Appeals Hearing, his discipline was
reversed and its notation was expunged from his personnel record. He was
informed, though, at the June 27, 1984 Appeal Hearing, that he improperly
marked off duty for ten (10) days and the suspension had been deferred, not
actual, as noted on the Disciplinary Notice.
In defense of his petition, Claimant contends that he construed the
notice to mean immediate implementation, which he further observes was the
same interpretation provided by his supervisor and further that his supervisor
never inquired into his absence.
Form 1 Award No. 27037
Page 2 Docket No. MW-26714
88-3-85-3-465
Carrier maintains that the Discipline Notice specifically stated
deferred suspension and consequently, if Claimant had any question about its
meaning and/or application he should have contacted a Carrier official or his
local union representative for an accurate interpretation. It asserts that he
was instructed to serve the discipline and thus any confusion or misunderstanding he might have had
given these facts, there is no basis for monetary compensation.
In considering this case, we concur with Claimant's position. Careful review of the record indic
in the attendant liability. We hasten to point out, however, that while we
understand Claimant's interpretative predicament, when he read the words, "put
into effect, 6-11-84," there was a correlative obligation on his part to be
more diligent. By itself, his inattentiveness is no defense againist Carrier's refusal to compensate
disciplinary assessment and a scheduled Appeals Hearing on June 27, 1984, Carrier should have been m
direct Carrier to compensate him for the last four (4) days of his absence.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. e - Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.