SPECIAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by refusing
to allow Extra Gang laborers F. F. Gatewood, Robert
Wrather, and James Henry Mace to work on May 19, 1958,
in Extra Gang No. 10, Foreman W. E. Yow, Conway, Arkansas.
(2) Extra Gang laborers F. F. Gatewood, Robert Wrather, and
James Henry Mace shall now be reimbursed a day's pay
each for May
19
and the subsequent dates on which they
were improperly held out of service.
FINDINGS
: Claimants were off work on Friday, May 16, 1958, without notice
to the foreman and reported for work on Monday morning, May 19th.
The foreman withheld them from service on that day. There is no evidence that
others had been called to fill their jobs nor that they have received any prior
warning or notification that they would be
withheld from
work if they
did
not
notify the foremen when off as to when they
would
return to work.
It is obvious that employes have a responsibility to their employer
to give notice if circumstances make it impossible for them to work and they
also should accept the responsibility of advising when they will return to work.
If they do not accept such responsibility they are no doubt subject to discipline,
but under the circumstances related above there was no jusitification for withholding them from work on May
19,
1958. On May 19th the foreman directed them
to get a note from the doctor. No reason appears why they should not have done
so that day and returned to work the following day.
AWARD
: Claim sustained for May 19, 1958.
SPECIAL BOARD OF ADJUSTMENT N0. 279
(s) Dudley E. Whiting
Dudley E. Whiting - Chaixman
(s) A. J. Cunningham (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
July 17, 1959