. AWARD No. 29





















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 PLB 2420 -2- AWARD No. 29



The disciplinary termination vas imposed on Claimant because of his alleged participation in an illegal and unauthorized strike at Carrier's Canton, Ohio, Maintenance of Way Shop on September 28 and 29, 1978, by members of Local 3050 of the Brotherhood of Maintenance of Way Employees employed there.

 We have described the. general circumstances of this strike and picketing situation revealed at the hearings thereon in our previous Award No. 1, as well as our opinion on certain procedural and substantive questions raised by organization there as well as here.

 Turning to the particular facts of the instant situation, the record shows:

 1. It is kin-r?isputed that Claimant failed to report for duty at his regular olace of -moloyment at the Canton Maintenance of way 3nvp on Seorember 28 and 29, 1?8, ,where he was emolvyed ac a Rori.rman rieloer v:th a tour of duty rr,?m 7:00AM to 3:30PM.
 'PL8 242,0 -3- AWARD NO. 29

 2. Shop Engineer P. Buccari testified at trial that on . September 28, 1978, at approximately $i30AM, he observed 40 to 50 individuals gathered about the main entrance to the Canton Shop, Claimant among them, and he informed the group, including Claimant, that they should come 'into work because the strike in.vhich they were participating vas an unauthorized one.

 3. Assistant Equipment Engineer R..P. Muir testified that on.Septeaber 29, 1978, he observed Claimant at 8s30AM standing by a fire at the Webb Street entrance to Carrier's Alliance Ya,rd, about 17 miles away from Canton.

 4. Assistant Cost Analyst J. Blaser testified that he was also standing near the Webb Street entrance to the Alliance Yard at about the same time, with the same mission as Mr. Muir - to take the names of strikers assembled there. He saw two individuals stationed there, one of them the Claimant. He asked Claimant for his name; Claimant did not answer but turned away. Mr. Blaser observed a strike sign displayed where these =en were standing.

 5. H. Reedy testified that he was standing with Messrs. Succeri and Muir at t-.e main entrance to the Canton Shop on September 28, 1978, when he saw claimant among a large group of others congregated there, and he witness,-3 Mfr. Hucceri giving the group present, including ^laimant, a "direct order to come back to work."
 PL8 2420. -q- AWARD NO, 29

a) When he came to work on September 28, he "saw that there were men standing out there, a lot of them." He went down to a telephone booth and phoned the plant. He was told by the one who answered (not identified by name by Claimant) to go back and stand on the hill and wait until someone came out to break it up, He did so. However, the group vas. not "broken up^, so he did not go in to work. He saw no one came out of the Shop that morning, although "he heard that" Mr. Bucceri had come out of the Shop. He did not hear Bucceri make any statement.

 b) Claimant was at the Webb Street entrance to the Alliance Yard at approximately $i30AM on September 29, 1978, but he was there for only about 5 minutes, He had come there because he had friends in Alliance. After seeing his friends, while on the way back to Canton, ha was "curious to see" if anything was going on at i-he Alliance Shop. He stated that his residence is at Massilon (about 25 miles east of Alliance).

 We coneludP that Carrier had valid and sufficient gro.nids for finding Claimant guilty of the charges made against him in kind and. degree jus· Vying the imposition of the discharge~a;_ioline.
 ,2420' , -5- AWARD NO. 29





FRED WURP L, ., GANIZATION MBMBSR

 N.M. BERN r GIRRIER MSMBBR'
                                  DATED I-W94LAVE