PUBLIC
LAW BOARD NO. 3558
PARTIES) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE) SOUTHERN PACIFIC TRANSPORTATION COMPANY (EASTERN LINES.)
STATEMENT OF CLAIM
:
"Claim on behalf of System Track Laborer A. M. Morin for 32 hours at
his straight time rate of pay and the charge of violation of Company
Rule 810 removed from his personal record, alleging unjustly suspended."
(MW-83-62/381-86-A)
FINDINGS
:
The Board, after hearing upon the whole record and all the evidence, finds
that the parties herein are Carrier and Employee respectively within the meaning
of the Railway Labor Act, as amended; this Board has jurisdiction over the dispute involved herein; and, the parties were given due notice of hearing thereon.
The issue here in dispute
is
found to concern a question as to whether following the exercise of displacement rights to a regular position when his gang was
cut off, Claimant had been granted permission to have a March 22, 1983 displacement be effective March 28, 1983, and thereby not guilty of being absent without
proper authority on March 23 and 24, 1983.
Unfortunately, the transcript of hearing in this dispute is found wanting as -
concerns development of a number of facts which we find necessary to a complete
determination of the question at issue. For example, the Claimant stated at the
company hearing he had called on March 21 concerning the displacement that was
to take effect on March 22. The record is devoid, however, of testimony as to
why Claimant had not reported on March 22, or why he was not charged with being absent on the first day of such displacement, as opposed to being charged
with absenteeism on March 23 and 24. The Claimant also maintains that he had
called the Secretary to the Carrier's Project Engineer on March 23 account his
having car trouble and not being able to get to his assignment and that she had
told him it would be all right for him to instead report on March 28 as he requested. however, it was the Secretary's testimony, "When he called to lay off, I did
not discuss his laying off, I discussed his displacement rights with him -- on
March 22nd. Wait a minute. He didn't call me on the 22nd, he called on March
23rd to lay off. On March 23rd, when he called me to lay off, we did not discuss
the laying off, we discussed his displacement rights." Further diverse testimony
is left unclarified as concerns the Project Engineer's recollection of the sequence
of events. He stated he had not received any notification relative to Claimant not
being at work on March 23, asserting his Secretary "had called Englewood March
24th and I got the message March 25th to call her land] I talked to her March 24th
(sic) and she said Mr. Morin had notified her at 12:00 March 24th to excuse himself from work."
The foregoing conflicts of testimony notwithstanding, we find there is reason
to believe that although Claimant was aware the Secretary was not the person he
Award No.
3
PLB No.
3558 - 2 - Case
No.
3
was obliged to call to seek permission to be off from work when he allegedly experienced automobile problems, the Secretary nevertheless has handled displace- -meats and by her actions in handling Claimant's request for a postponement of
his displacement gave him reason to believe it was being approved for March
28
as opposed to March
22.
Under the circumstances of record, it will be this Board's holding that Claimant be compensated for time lost account. being suspended from service March
28
through March
30, 1983,
but that his disciplinary record include a formal reprimand
account his failure to follow recognized procedures for seeking permission to be
absent from work.
AWARD
:
Claim sustained to the extent set forth in the above Findings.
ORDER
:
The Carrier is directed to make this Award effective within
30
calendar days--of the date set forth below.
Robert E. Peterson, Chairman
and Neutral Member
C . B . Go
01
Carner Member M. A . Christie, Employee Member
San Antonio, TX
June& , 1984