PUBLIC LAW BOARD N0. 2774
Award No. 18
Case No. 26
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE The Atchison, Topeka & Santa Fe Railway Company
STATEMENT "1. That the Carrier violated the current Agreement when, on or about
0 C-F LAIM August 9, 1980 they dismissed Trackman Raymond Jim from the service,
said dismissal being improper, excessive and entirely disproportion
ate to the offense commited.
2. That the Carrier shall now reinstate Trackman Raymond Jim to his for
mer position with seniority, vacation and all other rights unimpaired
and additionally compensate him for loss of earnings suffered account
of Carrier's arbitrary and improper action."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that
this Board is duly constituted under Public Law 89-456 and has jurisdiction of the
parties and the subject matter.
Claimant had a seniority date of October 7, 1974 on the Systems Steel Gang. Claimant
was dismissed from service by letter dated November 17, 1980 for failure to make a -
timely acceptance of a recall to service. The facts indicate that Claimant was instructed to report to Gallop, New Mexico at 8:00 a.m. on August 9, 1980 for transportation by chartered bus to Romeoville, Illinois for duty commencing Monday, August 11,
1980. While on route to Gallop from his home in Arizona, Claimant encountered automobile problems with the result that he arrived in Gallop approximately fifteen minutes
after the bus had departed. The record indicates that he immediately contacted the
employment supervisor in Gallop with the problem but was advised that because of late
arrival his services were being terminated.
It is clear that Carrier terminated Claimant for failing to report for work on recall
to Romeoville, Illinois on the morning of August 11, 1980. The only dispute with
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respect to the facts is whether he was told prior to August 11,that is on August 9
as he alleges, that he was terminated at that time ors not. In any event, it is obvious
0
that Claimant's services were terminated because of his being fifteen or twenty minutes
late in arriving at Gallop for transportation by bus to his new assignment point. This
was not considered to be a disciplinary matter but one merely of a self-executing rule.
In the Board's view the circumstances invovled herein did not warrant discharge con--trary to Carrier's position. Claimant did indeed report to duty at Gallop as required
however, he was late as indicated by all concerned. While Carrier is correct that
the rule is self-executing and does not constitute a disciplinary measure, it is nevertheless a fact that a fifteen minute tardiness, in this instance, caused Claimant to
lose his job. Under all the circumstances the Board does not consider this to be an
appropriate resolution of the dispute. Nevertheless Claimant must suffer the consequences of not reporting in timely fashion. The Board concludes therefore, that
Claimant should be reinstated to his former position with all rights unimpaired but
will not be compensated for loss of earnings suffered because of his tardiness on the
date in question.
AWARD
Claim sustained in part; Claimant will be reinstated to his
former position with all rights unimpaired but will not be
compensated for time lost.
ORDER
Carrier will comply with the Award herein within thirty (30)
days from the date hereof.
I.M. .Lieberman, Neutra - airman
01
G'~.n-L .
G.M. Garmon, Carrie Member S. E. F eming, Employee) ember
January , 1982
Chicago,TL