Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30235
Docket No. SG-29992
94-3-91-3-441
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr., when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Houston Belt & Terminal Railway Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of
the Brotherhood of Railroad Signalmen on the
Houston Belt and Terminal Railroad:
Claim on behalf of M. S. Wolford,, for
rescission of discipline from his record,
account of Carrier violated the current
Signalmen's Agreement, as amended,
particularly, Rule 700, when it did not find
him guilty as charged." G.C. File No. 90-89H-D. BRS Case No. 8385-UP.MP.
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 employe 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. 30235
Page 2 Docket No. SG-29992
94-3-91-3-441
Following an Investigative Hearing, the Claimant was notified
as follows:
"You are hereby advised that your record has
this date been assessed with thirty (30) days
deferred suspension in connection with your
failing to comply with instructions on the
evening of August 14, 1990, when you failed to
sign out with Signal Maintenance Foreman J. R.
Dean as required, and for your failure to
protect assignment by missing call that
evening, and failing to protect your
assignment on August 15, 1990, by reporting
for duty one and one-half hours late, in
violation of Rules 600, 604, and 605 from the
Safety, Radio and General Rules for All
Employees . . . ."
The Hearing record demonstrates convincingly that the Claimant
was remiss both in his availability on August 14, 1990, and in his
late reporting for duty on August 15, 1990. The resulting
disciplinary penalty is consonant with the offenses, and the Board
finds no basis to disturb the Carrier's action.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Linda Woods - Arbitration Assistant
Dated at Chicago, Illinois, this 8th day of June 1994.