Carrier's File: R-20367 AWARD NO. 166
Organization's File: 8-26-Butler Case No. 217
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
Vs.
ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY
STATEMENT OF CLAIM
:
Claim of the System Committee of the Brotherhood of Railway,
Airline and Steamship Clerks, Freight Handlers, Express and Station Employee on the St. Louis-San Francisco Railway Company, that:
1. Carrier violated the Agreement between the
parties when on February 29, 1972, it unjustly
and arbitrarily suspended from its service, ,_
Mr. Ronald Butler, Clerk, Memphis, Tennessee,
such suspension beginning September 18, 1972
and
continuing for a period of 30 days.
2. Carrier shall allow Mr. Butler a day's pay for
each day on which he was not allowed to perform
compensated service as a result of this suspension,
beginning September 18, 1972 arid continuing until
restored to carrier's service. Mr. Butler also
to be made whole for any loss of protection previously provided for in Travelers Group Policy
GA-23000.
3. Carrier violated the Agreement between the
parties when on November 1, 1972, it unjustly
and arbitrarily dismissed Mr. Ronald Butler
from its service.
4. Carrier shall allow Mr. Butler a day's pay for
each day on which he was not allowed to perform
AWARD NO.
166 Page 2
;Case No.
217)
compensated service as a result of this suspension,
beginning November 1, 1972 and continuing until restored to carrier's service. Mr. Butler also to be
made whole for any loss of protection previously
provided for in Travelers Group Policy GA-23000.
JURISDICTION OF BOARD:
The jurisdiction of this Board is stated in its Award No. 1.
That statement is
incorporated herein
by.reference thereto.
OPINION OF BOARD:
Claimant was notified that his hair length and care did not
meet the standards of Carrier, and after another such notice and hearing
he was given thirty days' suspension, with the advice that he must comply
in order to return to service. At the end of that period he was cited for
insubordination and, following that investigation, discharged. Ire was reinstated after approximately six months.
A number of awards on Public Law Boards, including 157 and
161 of Board 717 and Award 232 of Board 574, have supported the Carrier
in similar actions.
It has been mentioned in these that Public Law Boards are
confined to consideration of the Agreements negotiated between the parties
and the rules thereunder. We cannot consider the application of Federal
or State laws or rights under the Constitution.
The good of this and similar actions has been questioned, and
their bearing on Carrier -Employe relations has been given scrutiny. However, we cannot find Agreement support for overturning the findings.
FINDINGS
:
Public Law Board No. 405, upon the whole record and all the
evidence, finds and holds:
1. That Carrier and Employee involved in this
dispute are respectively Carrier and Employes
within the meaning of the Railway Labor Act,
as approved June 21, 1934;
AWARD No. 166 Page 3
(Case No. 217)
2. That this Board has jurisdiction over the
dispute involved herein; and
3. That the Agreement was not violated
AWARD
Claim denied.
John Criswell, Chairman
1 Neutral Member
~f)A
J A. ThOmpB
n, Carrier Member . O. Norton, Employe Member
Dated at Springfield, Missouri, this day o£ , 1974.