j AWARD N0. 24











'Your responsibility in connection with failure to follow. the instructions given to you by Foreman J. D. Swore when you left your work assignment without authority at 10:00 AM on December 2, 1980 and absenting yourself from your work assignment without authority on December 3, 1980, in violation of Rules 7 and 14 of the General Regulations and Safety Rules effective June 1, 1967." It should be noted that at the investigation the portion of the charge relating to December 3 was dropped from consideration; therefore, we are only dealing with the events on December 2, 1980. A reading of the transcript reveals that at approximately 10:00 AM on the date in question the Claimant informed the rail gang foreman, Mr. Swore, that he wanted to go home. Mr. Swore contends the Claimant said at the time it was too cold to work. The Claimant

contends he informed the foreman he was sick. In this regard, the ~'
 Claimant indicated that he had worked ten hours the night before
 in the rain and snow. After the Claimant informed the foreman he
 wanted to go home he was instructed to go to the roadmaster's office
 at Beverly (15 miles away) and request permission from Mr. John
 Wonderly to be excused. The transcript makes it abundantly clear
 that after receiving this instruction the Claimant left the work
 place but did not go to Beverly. Instead he went home. -His home
 was between the work site and Beverly.
 The Carrier argues that in light of the clear evidence that
 the Claimant failed to report to the roadmaster's office as instructed,
 the discipline should stand. They contend his conduct was a clear
 violation of Rule 7 which reads as follows: .

    "Employees are prohibited from being careless of the safety of themselves or.others, disloyal. insubordinate, dishonest, immoral, quarrelsome or otherwise vicious or conducting them- . selves in such a manner that the railroad will be subjected to criticism and loss of good will, or not meeting their personal

    obligations." .-

The Organization argues, that the discipline is unwarranted
 for leaving the work site on December 2 because they had accepted
 that he was sick on December 3. It is undisputed that they did
 accept that he was sick on the 3rd as this portion of the charge was
 dropped. They also argue that sixty days is excessive. We also
 note other circumstances which could be argued to be pertinent in
 regard to the reasonableness of the discipline. It was mentioned
 during the hearing that Mr. Swore did not offer to contact Mr. Wonderly
 for the Claimant and could have by the radio he had at his disposal.
                                            PLB-29660 3

                                            AWD. N0. 24

' CASE N0. 24
 -< In reviewing the evidence, we find that the Claimant did absent
    himself from his position without permission inasmuch as he failed

    to secure same from the roadmaster as instructed. There is little

    doubt of this in the record. Further, it is well established that

    employees must not determine for themselves when they work and when

    they won't and that if there is good cause not to fulfill their

    employment responsibilities'they must seek permission to be excused.

    While we feel strongly about this, we feel equally as strong that

    in the context of this case a sixty-day suspension is unreasonable.

    The purpose of discipline is corrective and it is believed that 60

    days is. far in excess of what might reasonably be expected as necessary

    to have a corrective impact. The record is void of any evidence

    of prior suspension that would suggest that such a strong punishment

    was necessary. Other factors previously mentioned also were mitigating

    to some degree.

    AWARD


    The suspension is reduced to a 30-day suspension and the Claimant shall be paid for all time lost as a result of the second 30. days of the original suspension per Rule 19. Carrier ordered to comply within 30 days.


                      Gil Vernon, Chairman


      0. Crawford, La rier Member , . . arper, p o em er


    Date: Yr~