BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

and

NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION

(Metra)



This dispute involves Mr. Marchand Mailey employed by Metra as a B&B Mechanic.

On October 8, 2001, Mr. Mailey was hand-delivered a letter addressed to him instructing him to attend an investigation on Friday, October 12, 2001, at 9:00 a.m. for the purpose of developing facts, determining the cause and assess responsibility, if any, in connection with his alleged failure to protect his position as B&B Mechanic on Friday, October 5, 2001.

Mr. Mailey was charged with alleged violation of Metra Employee Conduct Rule Q and Engineering Department Special Instruction No. 1 concerning Metra's Engineering Department Attendance Policy.





Following the investigation, Mr. Mailey received a Notice of Discipline letter dated November 9, 2001, assessing discipline of Five (5) work days suspension plus the one(1) work day deferred suspension that was assessed on October 3, 2001, for a total of six (6) work days suspension.




The Notice of Discipline letter of November 9, 2001, is attached to this Award.

The transcript of the investigation held on October 22. 2001, provides the basis for this Board's adjudication of this dispute.

This dispute is before this Special Board of Adjustment established by agreement between the Brotherhood of Maintenance of Way Employes and the Northeast Illinois Regional Commuter Railroad Corporation (Metra) dated November 12, 1999. SBA No. 1122.


FINDINGS:

The charge in this dispute is the alleged failure of Mr. Mailey to protect his assignment as B&B Mechanic on October 5, 2001.

The investigation transcript reveals that Mr. Mailey was on his way to work and experienced problems with his car, which necessitated him pulling off the expressway and calling for roadside assistance from the Chicago Motor Club. Mr. Mailey called Mr. Larry Powell General B&B Supervisor, Capital and informed Mr. Powell of the problem. Mr. Mailey's call to Mr. Powell was made before 7:00 a.m. his assigned starting time on October 5, 2001.

At the investigation, Mr. Powell testified that Mr. Mailey did in fact call Mr. Powell about the car problem he was experiencing and the call was received before 7:00 a.m. Mr. Powell further testified that "He had previously called in for car problems before and I told him at that time that it wasn't Metra's responsibility


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to provide the decent transportation to and from work, it's the employee's responsibility to provide transportation to get to work on time. And at that time previously I said I wasn't going to be accepting that as an excuse any more. And when he called in that morning, I told him I wasn't going to accept that as an excuse."

Mr. Mailey also testified that after calling Mr. Powell, he called Bernie Neal at Franklin Park.

Mr. Mailey testified that after making the two phone calls to Mr. Powell and Mr. Neal, he then called the Chicago Motor Club for assistance.

In our review of the very brief transcript of the hearing, which lasted 20 minutes, we have a problem with Mr. Powell's testimony in failing to specify how many times Mr. Mailey had "previously" called in and was absent for car problems. Mr. Mailey's personal work record indicates that he was disciplined on September 26, 2001, at which time he waived investigation and accepted one (1) work day deferred suspension.

On October 5, 2001, the date involved in this dispute, we find it difficult to comprehend why Mr. Powell was so adamant and firm on receiving the call from Mr. Mailey to not accept his explanation as to why he could not make it to work. The investigation was called for by the Carrier and in developing the facts, which took about 20 minutes, it appears in our judgment that after hearing the facts concerning Mr. Mailey's car problem on October 5, 2001, which were verified by documents produced by Mr. Mailey and the Organization, there was certainly


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justification for accepting Mr. Mailey's account of what transpired without disciplinary action. In our judgment, based on the record before us there is no evidence of chronic or unexplained absenteeism. There is no evidence that Mr. Mailey's absence for one day caused any problems for the Carrier's operation.

Based on the record before us, it is our opinion that the discipline assessed Mr. Mailey of Five (5) work days suspension plus the one (1) work day from Step 2 in the Carrier's discipline policy is unreasonable and not warranted. Accordingly, it is our decision that the Notice of Discipline letter of November 9, 2001, to Mr. Mailey be rescinded and removed from his record. Mr. Mailey is to be compensated for the time lost which was six (6) work days.


AWARD:

      Claim sustained.


                      d:~h

                      Charles Y Chamberlain

                      Neutral Member


Date Jaw~ 44, WO 7~
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                                                  CO.-Se is


        NORTHEAST ILLINOIS RAILROAD CORPORATION

Milwaukee District Engineering

2931 West Chicago Avenue

Chicago, Illinois 60622


        NOTICE OF INVESTIGATION

        October 8, 2001


        HAND DELIVERED

        Mr. M. Mailey, B&B Mechanic, #7923


        You are hereby instructed to attend a formal investigation which will be held in the office of the Director of Engineering, Milwaukee District, 2931 W. Chicago Ave, Chicago, Illinois 60622, Friday, October 12, 2001 at 9:00 A.M.


        The purpose for this investigation is to develop the facts, determine the cause and assess responsibility, if any, in connection with your alleged failure to protect your position as B&B Mechanic on Friday, October 5, 2001.


        In connection therewith you are charged with alleged violation of the following Metra Employee Conduct Rule, Rule Q. "Employees must report at the appointed time, devote themselves exclusively to their duties, must not absent themselves, nor exchange duties with, or substitute others in their place, without proper authority." And Engineering Department Special Instruction No. 1 concerning Metra's Engineering Department Attendance Policy.


        Your personal work record will be reviewed at this investigation. (Copy attached)


        You may be represented at this investigation as provided for in your labor agreement. Your representative will be given the opportunity to present evidence and testimony in your behalf and to cross-examine any witnesses testifying against you.


        G/C BMWE-Granier

        L/C BMWE-Hozian u-

        V. L. Stoner

        W. K. Tupper John A. Pebler, Director

        R. C. Schuster Milwaukee District Engineering

        G. Washington

        H. Thomas

        J. Barton

        C. Cary

        L. Powell--- Please arrange to appear as a company witness


n t ,~ O1 t
                                              S8A I12U

                                              Case IS


NORTHEAST ILLINOIS RAILROAD CORPORATION

 Milwaukee District Engineering
 2931 West Chicago Avenue
 Chicago, Illinois, 60622
 Results of Investigation
 Hand Delivered
 Mr. M. Mailey, B&B Mechanic, #7923 November 9, 2001

A review of the transcripts of the investigation, scheduled for October 12, 2001 and postponed and held on October 22, 2001, has resulted in the following discipline being issued: Five (5) work days suspension plus the one (1) work day deferred suspension that was assessed on October 3, 2001 for a total of six (6) work days suspension to be served as outlined in the attached notice of discipline.


The assessment of the above discipline will be placed on your record as outlined in the progressive discipline policy.


Yours truly,

 %hn A. Pebler, Director
 Milwaukee District Engineering
 (312)322-4101

 JAP/lcp

 cc: G/C-BMWE-Granier
 L/C-BM WE-Hooker
 V. L. Stoner
 W. K. Tupper
 R. C. Schuster
 G. Washington
 H. Thomas
 J. Barton
 C. Cary
                                              58A I I Z.Z c 0.s a ~s

NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION

                    NOTICE OF DISCIPLINE


      M. Mailey, #7923 Western Avenue John A. Pebler

      Employee Name Work Location Supervisor assessing discipline


DATE: November 9. 2001

 X FORMAL INVESTIGATION WAIVER OF INVESTIGATION
 SCHEDULED FOR OCTOBER 12, 2001, SCHEDULED FOR OCTOBER 4, 2001
 POSTPONED AND HELD ON
 OCTOBER 22, 2001
Has indicated your responsibility in connection with the violation of Metra Employee Conduct Rules: Rule Q and Engineering Department Special Instruction Number 1, when you failed to protect your position as B&B Mechanic on Friday, October 5, 2001. Therefore, you are hereby assessed the following discipline which will also be entered on your personal record:

                Forma! Waiver

    1. Formal Letter of Reprimand 1. Formal Letter of Reprimand

      (effective for two years) (effective for one year)

    2. Three (3) work days deferred suspension 2. One (1) work day deferred suspension

X 3. Five (5) work days suspension plus the 3. Three (3) work days suspension plus the
      deferred days from step two (2) deferred days from step two (2)

      Your record indicates a deferred suspension of I day(s) was assessed on October 3. 2001

      and must be served in conjunction with discipline outlined above.

      As a result, suspension will begin November 12. 2001 and end November 19. 2001 . You must

      return to work on November 20. 2001 . Failure to return on that date will be treated as an

      unauthorized absence.

    4. Ten( 10) workdays suspension 4. Seven (7) work days suspension

      As a result, suspension will begin and end . You must return to work on-

              . Failure to return on that date will be treated as an unauthorized absence.

    5. Dismissal 5. Dismissal

      Your employment with this Corporation is terminated effective . You must

      return all company property.


        Employee Union Witness Supervisor assessing discipline


cc: Metra Personnel