On June 28, 1983, Claimant was working as a switch oiler at Carrier's Lindenwood Yard. At approximately 9:40 AM, Track Foreman R.J. Jansen saw Claimant near Arlo Shanty at the east end of the yard. Jansen determined that Claimant had not been properly performing his assigned duties, and removed Claimant from service. Claimant was assessed an actual suspension of seven days.
A hearing was held in order to investigate the charge against Claimant. On the basis of the evidence adduced during the investigation, Carrier determined that Claimant had violated Safety Rule 502 and that the discipline assessed against him was jystified. The Organization filed a claim protesting Carrier's actions and requesting that Carrier compensate Claimant for lost pay and remove the charge from his work record. The claim was denied at all levels Board No. 3566 Award No. 11
of appeal on the property, and the Organization then submitted the matter to this Board for resolution.
The issue to be decided in this dispute is whether Claimant was suspended for just and reasonable cause; and if not, what should the remedy be.
Carrier's Safety Rule 502 of the Maintenance of Way Department states in part that employees "must be alert, attentive and devote themselves exclusively to the Company's service while on duty. They must absent themselves from duty, exchange duties with or substitute others in their place without proper authority."
At the hearing, Jansen testified that he was approaching Arlo Shanty in an automobile when he saw Claimant inside reading a newspaper. Jansen testified further that he had the Superintendant stop the car so that he could speak to Claimant. According to Jansen, Claimant met him outside the shanty, at which time Jansen removed Claimant from service.
Claimant testified that he had entered the shanty only to use the restroom, and that he had not been reading a newspaper. Claimant admitted that from inside the shanty someone could see "several hundred yards" down the road, but contended that someone driving up the road in a car would not be able to see into the shanty.