Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27194
THIRD DIVISION Docket No. SG-26849
88-3-85-3-604
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation (Conrail)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Consolidated
Rail Corporation (Conrail):
Claim on behalf of S. W. Harte, 991679 Signalman C&S, with headquarters at
Project Trailer, West Fairview, PA.
A. Claim that the Company violated the current Agreement between
Consolidated Rail Corporation and Brotherhood of Railroad Signalmen, particularly Rules 5-A-1 and 6-
let S. W. Harte work his established work week of forty (40) hours by suspending him for the dates l
July 11, 1984 7:00 a.m. - 5:30 p.m. 10 hours
August 6, 1984 7:00 a.m. - 5:30 p.m. 10 hours
B. Claim that since S. W. Harte was not allowed to work on the dates mentioned above, that he be
rate of pay for his present position which is stated above."
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.
In the instant case, Claimant did not report at his assigned time on
July 11, 1984, and August 6, 1984. He did not have prior permission to be
late for work. Carrier did not permit Claimant to work any remaining part of
either day and thereby denied him compensation.
Page 2 Award No. 27194
Docket No. SG-26849
88-3-85-3-604
The Organization advanced this claim on the grounds that Carrier's
action was discipline in that it suspended the Claimant without a trial.
The Carrier argued that by precedent, its actions were accepted
practice on the property. It further argues that it violated no Rule of the
Agreement.
This case is similar to Third Division Award 27193. For the reasons
expressed in that Award, this Board is constrained to sustain the Claim in
part. For the date of July 11, 1984, Carrier states in the record that
"Claimant sent in a note stating that he was off for personal reasons." As
such, this Board will deny compensation for that date as it is untenable to
hold Carrier for failure to allow Claimant to work on a date when Claimant
clearly had no intent to work.
As for August 6, 1984, this Board has no basis in the record as
developed on property to respond to the compensatory part of the Claim wherein
Claimant might have been minutes or hours late. It is the Board's position
that Claimant should be paid at his straight time rate from the time when he
could have arrived at the work site to the end of his shift. If a review of
records on the property fails to provide agreement within sixty (60) days from
this Award, the Claim is sustained as presented.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
A(;~
ft
ttest: Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.