PUBLIC LAW BOARD N0. 2420
BROTi1ERHOOD OF MAINTENANCE. OF WAY EMPLOYEES
and
CONSOLIDATED RAIL CORPORATION
DOCKET NO. 414
STATEMENT OF CLAIM:
'~ The Carrier violated the Rules Agreement, effective
December 16, 1945, as amended, particularly Rules 5-A-I,
5-C-1, S-E-1 and the Absenteeism Agreement of January 26,
1973, when it assessed. discipline of dismissal on M.W.
Repairman Ronald W, McCracken,. November 22, 1978.
b.. Claimant McCracken's. record be cleared of the charge
brought against him on October 13> Y97a..
c: Claimant McCracken be restored.,to.service with senioritF
and all other rights unimpaired and be compensated for wage
Ioss sustained in accordance with the provisions of Rule
o-A-1(d),. with benefits restored.
OPINIODT OF'BOARDr
Claimant eras tried on,.' found guilty of, and disciplined by
discharge for the following charges:
1. Failure to report for duty on your regular assignment at 7:00 AM, September 28 and September 29,
1978.
Zr. Engaging, abetting and participating in an
unauthorized work stoppage au Canton MW Shop
at 8:30 AM, September 29, 1978 and 8:30
k4,
September 29, 1978;- Mahoning Sc. Eat: Alliance Yard.
' - PLg" 2420 ___ _2_ AWAP.D NO. 6
3.. Influencing fellow employees to illegally picket
. the Company's property and/or not to perform
their assigned duties in that you were picketing
at Mahon~ng St. Entrance,. Alliance Yard. Alliance,
Ohio at 8:30 AM on September 29, 1978.
4., Insubordination in that you refused a- direct order
- to return to duty from Frank Bucceri, Shop Engineer,
at.8t30 AM, September 28, !978.
The disciplinary termination was imposed on Claimant because
of his alleged participation in an. illegal and. unauthorized strikeat Carriers Canton,, Ohio Maintenance of Way Shop,, on September 28
and 29, 1978,:.by
members of Local: 350 of the Brotherhood of Maintenance
of
Imlay
Enpioyees employed there.
We-have described the general circumstances of this strike
and picketing situation revealed at.the hearings thereon in our previous-Award No. I, as well as stated our opinions on certain proceduraland substantive~ questions:raised
by
Organization there and.here. .
Turning to the particular facts of the instant situation-,_
the-record shows r.
I. Claimant, along with other strikers, abstained from
entering the plant. or carrying_ on his regular-scheduled work there,
on September 28 and 29, 1978. _
2. Testimony established and Claimant acknowledged that
APLB 2420 __ _ ~3- AWARD MO. 6
although his. daily hours were scheduled to begin at 7:00 AM on
September 28, 5978, he was one of a group of strikers and picketers
at approximately 8:30 AM at the-main entrance to the shop on Company
property..
3. Testimony also established that at that time and place,
Claimant was among those to whom Shop Engineer F.. Bucceri stated,
pursuant to instructions given him,, that the individuals there gathered
were engaged
in an unauthorized strike, they were directed to go back
to wont and that they were, subject to disciplinary action if they did
not.. Claimant did not return to work..
4,; Cia-imant gave as his reason for not reporting
for
work
on the two days that "there was a picket line and signs set up", but
acknowledges that he did not report to
or
phone-in anyy explanation to
supervision..
5. Testimony, including that of Claimant, established that
on September 29, 1978,. at approximately 8:30 AM, Claimant was present
among strikers and picketers at an entrance to Carrier's Alliance Yard,about 17 miles away from the Canton shop,. He was-standing adjacent
to an automobile on whose windshield there was displayed an "On Strike"
6. Claimant explained his presence at that time__amd.place
fLI't 2420 -4- AWARD NO. 6
as due to his having stopped by there en route to
his
home, but
admitted that it was not a direct route. to his residence: Claimant
denies
that he Was on actual Company property an either of the two
dates, but adjacent to entrances of these facilities.-
We find that the charges have been sustained in degree and
kind entitling Carrier to have imposed the discharge penalty.
A. W A R D
Claim denied.
LOTJIS YAGUAA4 CHAIRMAN & NEUTRAL
J~ ~, j,
FRED WLRRELr
JR.-,y' OR,~G~(NIZATION 142MBER , _
c.·
/'t~
.M.. BERPIER, CARRIER MEMBER
DATED
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