PUBLIC LAW BOARD NO. 2535
Joseph Lazar, Referee
AWARD NO. 13
CASE NO. 13
PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO ) and
DISPUTE ) BURLINGTON NORTHERN (Former Joint Texas Division)
STATEMENT 1. That the Carrier violated the provisions of the
OF CLAIM: current Agreement when on August 20, 1982 it placed
a letter of censure on Mr. J. B. Gore's personal
record.
2. That the letter of censure be removed from
Claimant's record and that it be cleared of all
charges.
FINDINGS: By reason of the Memorandum of Agreement signed
November 16, 1979, and upon the whole record and
all the evidence, the Board finds that the parties herein are employe
and Carrier within the meaning of the Railway Labor Act, as amended,
and that it has jurisdiction.
Section Laborer J. B. Gore, an employee of this
Carrier since February 3, 1981, was given a letter of censure on
August 20, 1982, placed upon his personal record, "for violation
of Rule 570 of Burlington Northern Safety Rules, in connection with
absenting yourself from duty, and from company property, without
proper authority, on Friday, June 25, 1982 while employed as trackman
assigned to Rosslyn Section W-102, as evidenced by formal investigation afforded you on Friday, July 23, 1982 at Teague, Texas."
Burlington Northern
Safety Rules and General Rules,
Form 15001, Rule 570, reads:
"Employees must report for duty at the designated
time and place. They must be alert, attentive and
devote themselves exclusively to the Company's service
while on duty. They must not absent themselves from
duty, exchange duties with or substitute others in
their place without proper authority."
PLB - 2535 AWARD NO. 13 (page 2)
CASE NO. 13
On Friday, June 25, 1982, Claimant's assigned
work hours were from 7:00 A.M. to 3:30 P. M. Claimant testified,
in response to the question, "Did you have authority from Foreman
Sikes or Track Supervisor Curry to leave the property at Tomball
at approximately 2:45 to 3:00 p.m., Friday, June 25, 19827", with
the answer: "No." (Tr., p. 36).
Claimant testified, "Yes, sir", in response to the
question, "You stated you left Tomball at approximately 2:45 p.m.'
(Tr., p. 13). The Relief Foreman, Mr. T. W. Sikes, testified that
after looking for Claimant at Tomball, "I left Tomball at ten to
three.-ft (Tr., p. 24). The evidence of record supports the finding
that Claimant left the property at Tomball at approximately 2:45
p.m. without proper authority.
The Organization argues that Claimant did not have
his meal period prior to departing from Tomball and travelling to
Roans Prairie to obtain a meal for which he had not been given time
during the regular hours of service. Also, the argument is made that
Claimant was instructed by the Track Supervisor and by the Relief
Foreman to avoid overtime, and this could not have been avoided if -
Claimant had not left the property when he did. Additionally, it is
argued that Claimant was in a position of having no transportation
from Tomball other than with the employee he was assigned to, and
it was a reasonable exercise of judgment, in the circumstances, for
Claimant to accept the ride with his fellow employee when he did al
though this was prior to the end of his tour of duty.
The Hoard has weighed these considerations with care.
The record is clear that both the Track Supervisor and the Relief
Foreman expected the Claimant to wait at Tomball for further instructions, and, if need be, for transportation. Claimant, however, failed
to wait. If he had waited just a few minutes, perhaps only five minutes, he would have seen his Relief Foreman and his problems of eating and transportation would have been taken care of properly.
Rule 570 requires that employees "must not absent
themselves from duty ...without proper authority." This is a most
important rule. Failure to comply with this rule is at the peril of
the violator. The discipline of the letter of censure is appropriate
and commensurate with violation, and clearly is not arbitrary or
capricious.
PLB --2535 AWARD NO. 13 (page 3)
CASE NO. 13
A W A R D
1. The carrier is not in violation of the Agreement.
2. The claim of Trackman J. B. Gore is denied.
JOSEPH LAZAR, CHAIRMAN AND NEUTRAL MEMBER
y a
C. F. FOOSE, EMPLOYE MEMBER B. J. MASON, CARRIER MEMBER
DATED:'