Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE: and -
Seaboard System Railroad (former L&N Railroad)
STATEMENT Case No. 119: T. M. Moses be paid 8 hours straight
OF
CLAIMS: time each work day from_May 31, 1984 until he is
re-instated. Also, that he be re-instated with
all seniority and vacation rights unimpaired.
Case No. 120: C. E. Ward be paid 8 hours straight
time each work day from June 18, 1984 and all over
time incurred by Gang. Also, that Mr. Ward be re
stored all rights that he may be entitled to under
the October 1, 1973 Agreement.
FINDINGS: During the period in question, claimant Moses
served'as foreman of B and B Gang 202, a 10-man
unit with camp cars working on the Corbin Division.
Claimant Ward was employed as Assistant B and B
Supervisor at the time.
There is substantial credible evidence in the
record that Gang 202's members did not properly and conscientiously
attend to bridge duties that were assigned to them. The evidence
shows specifically that they followed their own time pattern and
were permitted by Foreman Moses to leave work well in advance of
quitting time, although the time sheets indicated that they were
2
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entitled to eight hours pay on each of those occasions. While .
claimant Ward may not have directly participated in this misconduct,
the evidence supports Carrier's findings that he failed to discharge
his supervisory responsibilities and should have been aware in the
proper exercise of his duties of the Gang's wrongful activity.
Petitioner's contention that the men were entitled to make-up time is not persuasive., particularly in the
absence of competent proof as to the specific number of hours they
worked as a basis for the make-up time. Moreover, a practice as
to make-up time must be established by clear and detailed facts.
General assertions are not sufficient to support the practice.
There is no basis in this.record for compelling Carrier to follow
the loose and irresponsible practices that the record shows these
employees observed.
No basis is perceived on this record for substituting our judgment for that of the Carrier. Whereas here employees work away from headquarters, Carrier must rely on supervisor so that they give a "fair day's work for a fair day's pay."
Without question, claimant failed to conform to that reasonable
standard.
The record does not establish prejudgment, bias,
or other reversible error on Carrier's part.
AWARD: Claims denied.
Adopted at Jac~ksonvill,e, .Florida J,~fLC'.
Iq
, 1985.
Cil ~ ~'L~
'7':~ y~ .
Harold M. Weston, Chairman
Employee Me ber