SPECIAL BOARD OF ADJUSTMENT NO. 1049
AWARD NO. 205
Parties to Dispute:
BROTHERHOOD OF MAINTENCE OF WAY EMPLOYES
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:"Claim of the System Committee of the Brotherhood that:
1. The thirty (30) days 'suspension imposed upon B& B Mechanic C. G. Hughes
for failure to protect his assignment and failure to follow the instructions of his
supervisor in connection with failute to work scheduled overtime on June 26,
June 27, and 28, 20009 is based on unproven charges, unjust, unwarranted and in
violation of the Agreement (Carrier's file MW- GNVL - 09-25-BB-306)
2, As a consequence of the violation referred to in Part I above Mr. Hughes shall be
made whole, exonerated of all charges and have his record cleared."
Upon the whole record and all the evidence, after hearing, the Board finds the
parties herein are carrier and employee within the meaning of the Railway Labor Act, as
amended, and this board is duly constituted by agreement under Public Law 89-456 and
has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and
shall not serve as precedent in any other case.
AWARD
After thoroughly reviewing and considering the record and the parties'
presentations, the Board finds that the claim should be disposed of as follows:
The Claimant seeks removal of disciplinary action from the record and back pay
related to a 30 day suspension which followed an investigation that determined he failed
to show up for required overtime work on June 26, 27, and 28, 2009. A Project
Supervisor determined on June 22, 2009 that the Claimant's Bridge Gang would need to
work over time during normally scheduled Friday-Sunday rest days due to the volume of
train traffic that occurred during scheduled work hours. The request was initially
voluntary, but after not enough work unit members volunteered, Bridge Supervisor Smith
required all Bridge Gang members to report to work for mandatory overtime. The
decision to require mandatory overtime was made on the afternoon of June 22, 2009. The
S.B. 1049
Award No. 205
Claimant expressed on multiple occasions that he could not report to work during these
days because he had to look after his children, and Supervisor Smith reiterated on
multiple occasions that the work was not a voluntary request and the Claimant should
report to work on the days indicated.
It is undisputed that the Claimant was required to work mandatory overtime and
did not comply with instructions and failed to show up on the specified days of work.
There is no dispute that it was clear to all Bridge Gang members that they were scheduled
to work on June 26, 2"l, and 28 and that no one was excused from this obligation. The
Claimant insists that his excuse to not work was valid because he had to look after his
children. The Board finds insufficient evidence that the Claimant's domestic
responsibilities represent a valid excuse to not report to work as instructed. The Claimant
did not present any evidence on why the four day time line from being told he would
work until the scheduled work days was not enough to make alternate arrangements.
After considering all the evidence, the Board finds that the Carrier had a valid
reason to discipline the Claimant. Given the circumstances in this case, the 30-day
suspension was appropriate.
The claim is denied.
F
_ ____-.
I
'le
M.M. o `ma
Chairperson and Neu I Member
-~'
T.~Kreke~` D.L. Kerby
Employee Member Carrier Member
nz
Date Signed Date Signed
Issued at Chicago, Illinois on June 9, 2010.
