PUBLIC LAW BOARD N0. 2143
AWARD NO, 188
SEABOARD COAST LINE RAILROAD COMPANY
vS.
UNITED TRANSPORTATION UNION
STATEMENT OF CLAIM: Claim of Trainman C. W. Haynes for time lost to
attend investigation, removal of the twenty (20)
demerits
assessed in
.letter
of February 4, 1976,
and that all reference to discipline assessed by
letter of February 4, 1976, be removed from Trainman Haynes' personal record,
RULE CITED BY CARRIER: Claimant
was
disciplined for violation
of Operating
Rule 701, reading:
Employees must report for duty in accordance with current
instructions.
FINDINGS: We set aside the discipline assessed because
of
Carrier's failure
to comply with Article 31(a).
On December 20, 1975, Claimant deadheaded to Brooksville, Florida,
far duty on the 1st Brooksville Road Switcher, only to find that another
trainman had been called for the job and that he should-have gone to
Mulberry for duty on the 1st Fort Meade Switcher. He proceeded to Mul
berry and reported to General Yardmaster G. H. Lipsey that he had been
improperly called to Brooksville. He was not cited for investigation
until January 20, 1976, the notice reading as follows:
Please arrange to report to the office of Superintendent Terminals
in the Mechanical Building at Uceta Yard at 9:00
Art,
Monday, January
26, 1976, for a format investigation to develop all facts, circumstances, and conditions, and place your personal responsibility
in connection with Brakeman C. W. Haynes deadheading to Brooksville,
Florida in error on December 20, 1975.
PLB No. 2143
Award No. 188
Page No. 2
You may have representation if you so desire in accordance with
the agreement under which you are employed, and you may arrange
to have present any witnesses who have knowledge of this matter.
We find no justification for waiting 31 days to commence the disci-
plinary procedure,
AWARD:
Claim sustained. Carrier shall make this award effective within
30 days from date hereof.
61~
4v.
DAVID
H.8 W t, Neutral tember
W. H. 3R., rier Member ,J. M. ICS, Organza ti on Member
June 18, 1982