Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27930
THIRD DIVISION Docket No. MW-27362
89-3-86-3-590
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Portland Terminal Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The sixty (60) days of suspension imposed upon Sectionman R. S.
Mendez for alleged violation of General Rule A, Rules 702 and 702(B) and
Bulletins No. 1 and No. 2 on April 2, 1985, was unwarranted, on the basis of
unproven charges and in violation of the Agreement (Carrier's File BMWE 502).
(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 Bulletins in question are as follows:
"BULLETIN
No. 1
MAINTENANCE OF WAY EMPLOYEES
The regular shift of all Maintenance of Way
employees is between the hours of 7:30 a.m. and
4:00 p.m., with one-half hour for lunch, Monday
through Friday.
Form 1 Award No. 27930
Page 2 Docket No. MW-27362
89-3-86-3-590
BULLETIN
No. 2
MAINTENANCE OF WAY EMPLOYEES
There will be no laying off unless permission has been received from the Track Foreman
or Engineer, unless absence is due to sickness
and/or an emergency.
If you are unable to report for your regular shift because of sickness or an emergency,
you are responsible to inform Foreman Kasahara
or Engineer Mathison prior to the beginning of
your shift.
Foreman Kasahara may be reached on 222-7403.
Engineer Mathison may be reached on 223-9489.
Permission to lay off cannot be granted by
calling the Board Clerk in the Guilds Lake Yard
Office. Henceforth, refrain from calling the
Guilds Lake Yard Office."
Claimant was absent from work on April 2, 1985. He did not contact
his Supervisors to obtain permission to be absent, as required by Bulletin No.
2. Claimant instructed his wife to contact his Supervisor prior to the beginning of the shift on Apr
that Claimant would be absent that day. It appears that no emergency or illness was involved that wo
permission to be absent in accordance with the Rules.
Although it is clear Claimant violated the Rules and is subject to
discipline, the circumstances of this case would indicate that Claimant
attempted to notify the Carrier of his intentions, although he had no right to
assume he would be granted permission to be absent. The fact that Claimant
acted in his own best interest without regard to the Rules or the Carrier's
interest justifies a suspension, but in the present set of circumstances, this
suspension should be reduced to thirty (30) days.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:-~,
Nancy J. D -Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1989.