This case involves Mr. Dewon Westbrooks who is employed by Metra as a B & B Mechanic.
Mr. Westbrooks' work location was at Western Ave. with assigned hours from 7:00 a.m. until 3:30 p.m.
On August 25, 2000, Mr. Westbrooks was hand delivered a letter from Mr. Lawrence C. Powell, Maintenance Engineering Supervisor, instructing Mr. Westbrooks to attend an investigation on August 31, 2000, for the purpose of developing the facts, determine the cause and assess responsibility, if any, in connection with alleged failure to properly protect his position as B & B Mechanic due to allegedly leaving early on August 24, 2000, at Western Ave. Mr. Westbrooks was charged with alleged violation of Metra Employee Conduct Rule Q. The letter of August 25, 2000, is attached to this Award.
The investigation was postponed until September 13, 2000, and was held on that date.
Following the investigation, Mr. Westbrooks received a Certified letter dated September 29, 2000, advising that he had been assessed discipline of (3) Three Days Deferred Suspension for violation of Metra Employee Conduct Rule
Q. and Engineering Department Special Instruction No. 1, concerning Metra's Engineering Department Attendance Policy.
The transcript of the investigation held on September 13, 2000, 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.
The testimony of two Carrier witnesses allege that Mr. Westbrooks was observed leaving his headquarters at 3:24 p.m. One Carrier witness testified that the time was 3:28 p.m.
Mr. Westbrooks' Foreman testified that as far as he knew, Mr. Westbrooks and others left at the quitting time of 3:30 p.m.
Mr. Westbrooks testified that he and others left at 3:30 p.m. according to a clock at his headquarters.
The testimony reveals that clocks are placed at various places at the headquarters; most of which are battery operated.
Testimony further reveals that most of the clocks vary with time range from one to two minutes. Mr. Powell testified that they are not always accurate and employees should periodically check their watches with a standard clock or the dispatcher whose time is accurate.
It is quite evident from our review of the transcript that this dispute contains testimony of different individuals all of whom have different versions of what time it was when Mr. Westbrooks left work on August 24, 2000.
While we can understand the importance of all employees complying with and fulfilling their obligation to work their assigned work hours, we have difficulty in upholding disciplinary action against one employee when there are conflicting opinions as to what the exact time was when he departed the premises along with others employed at the same location.
It is apparent that there is a need for change in the procedures that are currently being used to log starting time and departure time at the location in question so as to avoid fiirther instances such as we have in this instant case.
Based on the record before us, it is our decision that there is no basis for upholding the discipline assessed Mr. Westbrooks in this case. The discipline of (3) Three Days Deferred Suspension should be rescinded and Mr. Westbrooks' record cleared of the charge.
You arc 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, on Thursday, August 31, 2000 at 9:00 AM.
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 properly protect your position as B&B Mechanic due to you allegedly leaving early on August 24, 2000, at Western Ave.
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 Metres Engineering Department Attendance Policy.
You may be represented at this investigation as provided for in your labor agreement, and your representative will be given the opportunity to present evidence and testimony in your behalf and to cross examine any witnesses testifying against you.