Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27154
THIRD DIVISION Docket No. MW-27304
88-3-86-3-411
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed upon Steel Erection
Gang Foreman K. A. Collins for alleged violation of General Notice, General
Rule B and General Regulations 700, 702 and 704 was without just and sufficient cause (System File D
(2) The Claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered."
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 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.
Following an investigation, the Claimant received a thirty-day suspension for allegedly submitti
Claimant had allowed a full eight hours pay for Bridge Welder J. G. Sabatka on
March 22, 1985, when in fact he had worked only five and one-half hours.
The Board has reviewed the record of this case and finds that Claimant was afforded all procedur
also shows that Bridge Welder Sabatka did leave work early and his timeroll
indicated that he had been on his assignment eight hours. Claimant maintains,
however, that there was a well-established practice of allowing pay for time
spent at medical appointments.
Form 1 Award No. 27154
Page 2 Docket No. MW-27304
88-3-86-3-411
This Board can find no evidence to substantiate the presence of such
a practice. For a past practice to be binding, it must be accepted by all
parties involved, be in existence for a reasonably long period of time, be
clearly understood, and be generally applied. The record of this case is
devoid of support for such a practice.
Under the circumstances present here and considering Claimant's past
record, the discipline imposed is neither arbitrary nor capricious.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. De ~-Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.