Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28068
THIRD DIVISION Docket No. SG-27466
89-3-86-3-717
The Third Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the National
Rail Passenger Corporation (AMTRAK):
On behalf of T. Weber, Signal Trainee, Gang K222, Tour of duty from
7:00 AM to 3:30 PM and headquartered at 51 N. 32nd St.
(A) Claim that the Carrier violated the Agreement, in particular,
Article 2, Section 23, Paragraph (a).
(B) Rule T reads, in part, as follows: 'Employees must report for
duty at the required time.' Mr. Weber has abided by this rule since his becoming an employee of the
conscientious employee and was severely punished for this one occurence.
(C) Claim is made that the Claimant, T. Weber, be compensated at time
and one half his rate of pay for a total of eight (8) hours."
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.
Form 1 Award No. 28068
Page 2 Docket No. SG-27466
89-3-86-3-717
A Claim was filed by the Organization on the grounds that the Carrier
was in violation of the Agreement when it did not permit the Claimant to work
on May 13, 1985, because he reported 30 minutes late for work. According to
the Organization, the Claimant's late arrival was the fault of the Carrier,
not the Claimant.
A careful review of the record reveals that the Carrier failed to
adequately refute the organization's assertion on the property. Accordingly,
given the peculiar facts and circumstances of this case, we will award
Claimant 7 hours and 30 minutes at the pro rata rate of pay.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
at at ncy J. De ecutive Secretary
Dated at Chicago, Illinois this 10th day of August 1989.