Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28756
THIRD DIVISION Docket No. SG-29035
91-3-89-3-460
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
(SOUTHERN):
On behalf of J. J. Rhodes, for payment of five (5) days pay at his
pro-rata rate of pay, account of Carrier violated the current Signalmen's
Agreement, as amended, particularly, the Discipline Rule, when it failed to
find him guilty as charged." G.C. file SR--32-88. Carrier file SG-INV-88-13.
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, 1988, Claimant was called to an Investigation to
determine his responsibility in failing to protect his assignment on Sunday,
August 21, 1988, when he was needed to clear red signals in Beaumont, South
Carolina. Claimant was scheduled for hold. call that weekend and under the
Carrier's General Regulation No. 7, he was required to be at his usual calling
place or furnish Carrier with information gas to his whereabouts. Beginning at
10 o'clock in the evening, numerous calls Were made to Claimant's home phone
and beeper, with no response. Following the Investigation, Claimant was
assessed a five-day suspension.
Claimant acknowledged at the Hearing that he was not at home when the
calls to him were made, but contends, in mitigation, that there was a malfunction in the telephone s
was the victim of circumstances beyond his control.
Form 1 Award No. 28756
Page 2 Docket No. SG-29035
91-3-89-3-460
This Board has made a complete review of the record and we are unable
to find any direct evidence that there was a problem with Claimant's beeper on
Sunday, August 21, 1988, as the result of a malfunction in the telephone
system. At the same time, we must conclude that anyone who relies on a pager
when subject to call bears the responsibility for ensuring that the system is
operative.
Under all of the circumstances present here, we find that Carrier had
sufficient reason to sustain its charge and that the discipline imposed was
not excessive.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
"Z44,
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1991.