PUBLIC Lx r: BOARD NO.
1997
Parties: Brotherhood of Maintenance of :day
a~rol
oyees
and
Union Pacific Pailroad Company
Statement of Claim: "1. Claim that Carrier violated the
Agreement when on January
19y 1977
they
dismissed B & B Carpenter Helper
P. G. Boucher, said dismissal being
arbitrary, excessive and without good
and sufficient cause.
2. That P. G. Boucher be reinstated to his
former position with seniority and all
other rights unimpared and compensated
for all loss of earnings subsequent to
January
19, 1977
account the Carriers
improper action.."
Discussion: The Claimant had a seniority date of January 28,
1976
as a
n
k B Helper. On December
3, 1976,
he was furloughed as a
result of a reduction in force. On December 20,
1976,
the Carrier
bulletined several 3 & B Helper jobs on Gang 2429 which was assigned
to the Wyoming Division and headquartered in outfit cars.
On January 11,
1977,
the Claimant, together with
furloughed employees Osterling and Warner were recalled and assigned to
thin B & B Gang 21129.
`i`he Claimant and his two colleagues were directed
to report on January
17,
1977 to Rermosa,
Wyoming.
In early January 1977
Gang 2L29 was assigned to Bosler, 'r~oaing,. It completed its work there
on Friday, January
11:, 1977,
and the outfit cars were supposed to be
· Award No. 1
Case No. 1
P&B . Kq-7
shipped and to be available for the Claimant and his fellow workers
by January
17, 1977.
When the Claimant and crew arrived at Hermosa,
the outfit cars had not arrived. 'the Carrier authorized the Claimant
and crew to be quartered at a motel and receive meals' for the night
of January
17, 1977
and the-, would be reimbursed for their expenses
at the end of the month.
The outfit cars arrived at 10:00 ?.M. on
January
17, 1977.
The Claimant and crew examined the cars the
morning of Jannary 18th and contended they were not suitable for
habitation in that they were not hooked up for electricity, had no
heat water, proper showers, closet space, etc.
The Claimant and his fellow workers contacted
their foreman, who after a discussion with his supervisor, secured
a hot plate for the employees on which they could prepare their food.
The employees concluded that this was not adequate, and they were not
receiving satisfactory
lodging facilities
as provided for in Rule 51
of the Agreement. The Claimant
and his
fellow workers discussed the
situation during their lunch period and called their Union Representatives Air. Ebbeka, and told him they had decided to go home because of
the lack of suitable quarters.
The Union Representative did not counsel them one
xa7 or the othero but informed them that he would notify their foreman
that they had returned home. The Claimant and crew also informed
Mr..,Adams, who acted as foreman in the absence of the foreman, the
latter having gone to Basler to secure fence material for the work
to be done at Hermosa.
Nrard Yo. 1
· Case No. 1
_ 3 - 14
.13
lcjTD
7
At 12:15 f.:!. on January 18, 1977s the Claimant
and the two other employees left the work site and returned home. The
next day, blednesday, JanuaxT 19th, the three employees sent telegrams
to their supervisors and their union representative notifying them
that in view of the fact that the outfit cars were not suitable to
live in, they had returned horse after they had notified their local
union representative.
The Carrier notified the three workers on
January 19, 1977, that since they had absented themselves from tire
balance of their assignment without prior permission., in violation
of Pule 702, they had been removed from service as of January 18, 1977.
After a duly noticed hearing on February 4, 1977,
the three employees were notified on February 9, 1977, that their dismissals were sustained on the basis of the evidence adduced at the
February !s, 1977 Investigation,
idessrs. Osterling and Warner petitioned the
Carrier to be restored to their positions an a leniency basis and the
Carrier restored them to their job 30 days after their dismissal. The
Claimant made no such leniency request and filed the instant claim on
February 17, 1977.
Carrier;s Position
The Carrier contended that the Claimant voluntarily, and without antecedent permission, left his assignment on
January 18, 1977, after working four hourrs thereon, Such conduct
was a clear breach of :rule 702. The Claimant admitted at the
- Award ?to. 1
Case No. 1
PZ9_
1qqj
Investigation that he had no permission to leave his assignment, and
leaving word with another e=loyee, is not the equivalent, of complying
with Rule 702.
The Carrier stated that the Claimant stressed
the so-called extenuating circumstances as a defense for his unexcvsed
absence from his assignment. However, by the Claimant and his fellow
workers refusing to remain at the work site and discussing the situation with their foreajcanti=the supervisor, they denied the Carrier an
opportunity to initiate action to correct the alleged unsuitable living
conditions. The Carrier added that it is the duty of the gang
e-m- ..
ployees to make their outfit cars suitable for habitation. They did
not remain long enough at the cork site to work out a solution of the
existing problem. The Claimant voluntarily and freely disregarded the
relevant rules and chose to absent himself from his assignment without permission, and the Carrier had just cause to dismiss him for his
clear and unequivocal breach of the Agreement rules.
Orgaaisation;s Fosition
The Organization stressed that the Carrier has
a contractual obligation to provide suitable quarters for employees
working in the field. The Carrier arks aware that this Gang would start
to work at Hermosa on January 17, 1977, and it had the responsibility
to make sure that the outfit cars arrived there in sufficient time so
that they could be properly hooked up to the necessary connections in
order to be habitable. The Organization stressed that it was very
little aid to the Claimant and his two fellow e=loyees to be informed
' Award
'i9.
1
Case No. 1
- 5 - PL~_
~qq-7
that they could go to a motel for lodging and meals and that they would
be reimbursed therefor at the end of the month. These employees had
been recalled from furlough on January 10, 1977, after being on furlough
since December 3, 1976, and did not have sufficient funds to live
in
a
motel or buy food and then wait for the Carrier to reimburse them at
some subsequent date. The Organization stated that it was wrong for
the Carrier to remove the Claimant from service when it was initially
in error by not providing the Claimant and crew with suitable accommodations when they reported for duty on Janua.-y 17, 1977. The Carriers
failure to meet their obligations to their employees gave these employees
no
alternative but to return home since they had no other means
of securing adequate subsistence or lodging.
Findings: The Board, upon the whole record and all the
evidence, finds the employee and Carrier are F:mployee and Carrier with
in the meaning of the Railway Labor Act; that the Board has juris
diction over the dispute and that the parties to the dispute were given
due notice of the hearing thereon.
The Board finds that neither party to the dispute
is completely without fault in this case, but the heavier burden of
culpability must fall on the Claimant. The record discloses that the
Claimant acted precipitiously and in an impetuous
manner, without
affording the Carrier a reasonable opportunity to correct an admittedly
undesirable condition.
The record shows that the outfit cars arrived
late in the evening of Januar7 17, 197 at fienmosa, when it should
Award No. 1
Case No. 1
-6have been there earlier that day to accommodate the Gang who started
to work at this location that morning. Since this
assignment had been
bulletined in advance, the Carrier had the responsibility to assure
suitable accommodations were available for the men it was expecting to
work there in paid-sinter in an area acted
for
the severity of its
winters. Moreover, it knew that it had recalled men who had been on
furlough for approximately six weeks and therefore would not be
overly
endowed with liquid funds' and it teas not much aid to
these recently
furloughed employees to tell them to go live in a motel and take their
meals and that they would be reimbursed at the end of the :month. Such
Carrier action shows an insensitivity to the realities of economic conditions under which furloughed employees have to live and function.
Having :wade these observations, nevertheless, we
also find that the Claimant did not responsibly meet the important
obligations of his job. He had only been on the job one day, when he
decided to leave after lunch of the second day, without affording
Carrier supervision a reasonable opportunity to correct the situation,
or grant the Claimant ;meaningful relief. The Claimant simply assumed
the Carrier would not correct the situation promptly, and proceeded to
walk off his job. This not permissible conduct. It is a serious
breach of duty, and if permitted to go unchecked, could subvert the
employer-employee relationship.
On the basis of this total record, inr which no
party is completely exculpated, ire find that the Claimant has already
. " - Award No. 1
Case No. 1
PL G - J Gq-1
been sufficiently punished for his irresponsible conduct., and therefore
he is to be restored to his job, seniority unimpareds and he should
receive 30 days back pays as a forceful. reminder
to
the Carrier that
it should be more sensitive to the anm~e133ng problems
of its
xoric
force operating in the fields and it should be more responsive to its
contractual obligations to provide suitable living quarters to its
field work force vor'#ng and living under severe and adverse conditions.
Award: Grievance disposed of in accordance with
tae
Findings.
Order: 'he Carrier is directed to comply with the Awards
on or before
4t't~
1970.
Jacob a denbergs Chairman and Neutr
'J
:fiber of Board
E. R. :yerss Gar ler :aoer d
E
Fleming,
:loyee:bar