Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27142
THIRD DIVISION Docket No. SG-26240
88-3-84-3-665
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Missouri-


(a) On behalf of A. P. White, Assistant Signalman, Gang No. 4066, who was suspended on September 6, 1983, for alleged insubordination on August 18, 1983, for being absent without proper authority on August 19, 20 and 21, 1983, and for not reporting for duty at the appropriate time on August 24, 1983.

(b) Carrier should now be required to reimburse Claimant White for all time lost including pro rata, punitive and holiday pay from September 6, 1983 to November 6, 1983. Carrier File 2619."

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 employees involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approve
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



Claimant was employed by Carrier as a Signal Helper on Gang No. 4066. On August 18, 1983, a hurricane passed through Houston, Texas, causing extensive damage to signal eq issued to Signal Gang No. 4066 to proceed immediately to Houston, Texas, to begin repairs to equipment damaged by the storm. Claimant did not want to report to Houston with his gang. He did, however, report and worked from 9:00 PM to 11:00 PM on August 18. The gang at this point was given rest and told to report for work the next day at 9:00 AM. Claimant did not report at that time nor did he report for work again until his gang finished the work at
Form 1 Award No. 27142
Page 2 Docket No. SG-26240
88-3-84-3-665

Houston and moved to Lancaster, Texas. As a result of Claimant not reporting to work on August 19, 20, and 21, he was charged with Rule violations and failure to follow instructions. A hearing into the matter was held on August 25, 1983. At the hearing, Claimant was found guilty and assessed a 60-day actual suspension and a 30-day deferred suspension. A transcript of that hearing has been made a part of the record. A review of that record reveals that Claimant was granted all substantive and procedural rights guaranteed by Agreement and that he was guilty as charged. We find no basis on which to conclude that Carrier erred in any way in the handling of this case, including the level of penalty imposed.






                          By Order of Third Division


Attest:
      Nancy J. D -Executive Secretary


Dated at Chicago, Illinois, this 23rd day of June 1988.