Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28703
THIRD DIVISION Docket No. MW-29293
91-3-90-3-192
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(CS:C Transportation, Inc. (formerly The Seaboard
( Coast Line Railroad)
PARTIES TO DISPUTE:
(Brotherhood of Maintenance of Way Employes
STATEMENT OF CLAIM:
"(1) The Agreement was violated when the Carrier assessed J. L. Bruce
a five (5) day suspension for his failure to protect his assignment on May 5,
1989 in violation of Rule 17(b) of the schedule Agreement, (Carrier's file 12
(89-672), Organization's file JLB-89-421.
(2) As a consequence of the aforesaid violation, Mr. J. L. Bruce's
service record shall be cleared of the incident and he shall be compensated
for any loss of earnings resulting therefrom."
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 May 10, 1989, the Claimant was instructed to attend a Hearing on a
charge that he refused to perform work on May S, 1989, and thus left his job
unprotected. r
Claimant was the Class I tamper operator on a crew that regularly
worked ten hours per day, Monday through Thursday each week.
In order to minimize slow orders on the track which accommodated
Amtrak trains, the crew had regularly worked on Friday as well.
According to one Carrier witness at the Investigation, the Claimant
did not normally work on Friday even though his job was crucial to the operation. However, Carrier d
his helper to perform the task, and as long as someone was present to perform
the duty, Carrier was content.
Form 1 Award No. 28703
Page 2 Docket No. MW-29293
91-3-90-3-192
On at least three occasions, starting on May 2, 1989, the Foreman
advised the Claimant that he was required to work on May 5, since the Foreman
was aware that the helper would not be present since he had a previously
scheduled trip planned and would be away from the area. The Claimant stated
that he would not work on all occasions that the topic was raised, but never
stated the reasons why, even though he was told the consequences for failure
to be present.
At the Hearing, the Claimant conceded that overtime on Friday had
been a "must" for "the last couple of years," and he was aware that the helper
had a prearranged trip and could not work. Also, the Claimant stated that he
was aware that no one else on the gang was qualified to run his machine. Although the Claimant testi
to a necessity to see to certain car repairs, he freely conceded that he never
so advised the Foreman when he stated his refusal to work during the first portion of May.
The Organization has raised certain procedural matters in its Submission, but we do not find that th
active review and consideration on the property.
The Organization stresses that the Claimant has 22 years of service,
had a valid reason for refusing to work, and the Carrier's action was unduly
harsh.
We must be confined to the matters of record, and we feel that the
Organization has expanded upon those matters in its Submission. Suffice it to
say that under the transcript and related documents of record on the property,
the Claimant knew that his job was crucial to the operation, and he knew that
the only other person qualified to perform the job in question would be
absent. Yet he stated a refusal to work without giving any reason.
It is not an easy task to disregard 22 years of good service. But,
this Claimant displayed a cavalier disregard.4or the good of the service and
the traveling public. We will not disturb Carrier's assessment of discipline.
A W A R D
Claim denied.
0
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. D -Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1991.