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Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27761
THIRD DIVISION Docket No. MW-26907
89-3-85-3-680
The Third Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The ninety (90) days of suspension imposed upon Track Laborer
S. D. Roberson for unauthorized absence from duty on July 17, 1984 was
arbitrary, capricious, unwarranted and without just and sufficient cause
(Carrier's File 013.31-311).
(2) The claimant's record shall be cleared of the charge 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.
On August 31, 1984, the Claimant was notified of an investigation
to determine facts and place responsibility, if any, in connection with his
absence from work on July 16, 1984. According to the notification the Claimant violated Ru
"Employees must report for duty at the prescribed time and place, remaining at their post
of duty, and devote themselves exclusively to
their duties during their tour of duty. They
must not absent themselves from their employment
On September 21, 1984, the Claimant was advised that he had been found guilty
as charged and he was assessed a ninety (90) day suspension.
Form 1 Award No. 27761
Page 2 Docket No. MW-26907
89-3-85-3-680
A review of the record shows that the Claimant does not deny that he
was absent from work on the day in question. The Claimant argues, rather,
that the Supervisor failed to give him the proper telephone number. As a
consequence, the Claimant was unable to call his Extra Gang Foreman after he
had lost his way to the work site.
There is no issue to be resolved with respect to whether the Claimant
showed for work or not. On merits the Board must conclude that the Claimant
was in violation of the Rule at bar. The only remaining issue is whether the
infraction, and the circumstances surrounding it, warrant the discipline
issued by the Carrier.
The Board has gone on record on numerous occasions to the effect that
discipline is a managerial prerogative and that the Board will not substitute
its judgment on these questions. On the other hand, the Board has also ruled
that extenuating circumstances, when they are present, may be used by the
Board to determine whether the discipline was excessive.
Although the Claimant ought not to have gotten lost on his way to
work, such error cannot be totally held against him in view of his inability
to call supervision because he was not given the proper telephone number.
Such facts do not relieve the Claimant of the responsibility to foresee
problems such as the one in question, and their proper solutions, in order
that he be at his assignment on time. Such facts can serve, however, as
extenuating circumstance to permit conclusion that the discipline levied was
arbitrarily severe. It is the opinion of the Board that the record before it,
in this case, warrants such conclusion. The discipline shall, therefore, be
reduced to thirty (30) days' suspension. The Claimant shall be compensated by
the Carrier for any days levied against him in excess of this.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of March 1989.