Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27711
THIRD DIVISION Docket No. MW-27374
89-3-86-3-664
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Northeast Illinois Regional Commuter Railroad Corporation
(former Chicago, Rock Island & Pacific Railroad
Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The discipline imposed upon Assistant B&B Mechanic L. C. James
for alleged violation of Rule 'Q' on August 6, 1985 and August 23, 1985 was
unwarranted and without just and sufficient cause (System Files NIRCRC-D1200/OS-13-60 and NIRCRC-D-1
(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 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.
The Claimant was advised of a hearing concerning an alleged failure
to protect an assignment on August 6, 1985. Subsequent to an investigation,
the Claimant was assessed a thirty (30) day suspension.
On August 23, 1985, the Claimant was again notified of a hearing
concerning a failure to protect an assignment on August 23, 1985. Subsequent
to that investigation, he was assessed a 45 day suspension.
The Claimant was assigned to work 7 A.M. to 3:30 P.M. Mondays through
Fridays.
A review of the evidence of record shows that the Claimant did fail
to protect his assignment on August 6, 1985, even though he may have had car
trouble and may have telephoned the Carrier almost two hours after the shift
started. Moreover, the record shows that the Claimant did not report to duty
on time on August 23, 1985, since he testified that he overslept.
Form 1 Award No. 27711
Page 2 Docket No. MW-27374
89-3-86-3-664
Not only does Rule Q require employees to report at their appointed
times, a Carrier memorandum specifies that if an employee cannot attend his
duties, he must inform the Carrier prior to the starting time.
We note that the Claimant continued to call the Organization on the
morning of August 6, 1985, rather than contacting the Carrier.
The Carrier justifies the severity of the length of suspensions based
upon a review of the Claimant's past record concerning attendance and discipline.
Our review of the record indicates that the Claimant did, in fact,
violate Rule Q and the Carrier memorandum. The Claimant had a telephone
available to him on August 6, 1985, yet he was content to contact the Organization rather than the C
deny the claim.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D - Executive Secre ary
Dated at Chicago, Illinois, this 2nd day of February 1989.