Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27814
THIRD DIVISION Docket No. CL-28067
89-3-87-3-833
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10214) that:
1. Carrier violated the Agreement Rules, particularly Rule 21, when
it applied discipline of ten (10) days actual suspension from service agains
(sic) Mr. James Brewer, Crew Dispatcher, Crew Management Center, account
formal investigation held on November 6, 1986, and
2. Carrier shall now be required to clear Claimant's record of the
charges and discipline assessed and to compensate Claimant James Brewer for
all time lost account of the involved suspension from service, beginning
November 12, 1986, and continuing until he was restored to the service thereafter."
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.
Claimant was notified by date of October 14, 1986, to attend an Investigation into his alleged failu
The record before this Board shows substantial probative evidence to
warrant conclusion that the Claimant was guilty as charged. Claimant was
clearly instructed to appear at the Crew Management Center at 8:15 A.M. on
October 14, 1986. Claimant admits that the letter instructing him to appear
was given directly to him and that he read and understood its content. Claimant further admits that
Form 1 Award No. 27814
Page 2 Docket No. CL-28067
89-3-87-3-833
Claimant had been instructed to report for a conference over questions concerning log sheet omis
had, he failed to comply with instructions. In considering the full record,
we also note that the Claimant did not inform the Manager on duty or his Supervisor that he was leav
inform the Carrier officer or Manager that he had been detained or was otherwise unable to attend th
In our review, we find no substance to the Organization's procedural
arguments. The Carrier has a clear right to expect it's employees to comply
with instructions. The Claimant neither attended the requested conference,
nor contacted the Manager as to the reason for his failure to appear. Finding
no evidence that the Carrier's assessed
discipline was
unjustified, the Carrier's discipline shall be left undisturbed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~;7
;a ./Ce/Wr -'Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1989.