SPECIAL BOARD OF ADJUSTMENT N0. 293
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
STATEMENT OF CIAIM
:
(1) The Carrier violated the Agreement when it removed from service
the forty employes specified in Vice Chairman Kneedler's letter
of December
24, 1957,
to Supervisor of Track J. J. Kozzi on the
basis of charges which were unproven., unjustified and without
support whatever.
(2) Each of the aforesaid forty employes be compensated for the wage
loss suffered because of the violation referred to in Part (1)
of this claim, and that their respective records be cleared of
the charges in question, all in accordance with the provisions
of Rule 36(a).
OPINION OF BOARD
:
As the Carrier sees this case, the complaining employes were properly
disci
planed because they walked off the job without permission and also refused to work
in an emergency until the emergency condition was cleared. The Organization denies
any improper conduct on the part of the claimants. It requests that the disciplinary action taken be revoked and that the involved employes be compensated for their
wage loss suffered.
This Board is strongly of the opinion that the action of an employe in leaving
his job without permission during his tour of duty cannot be condoned. It should
be noted, however, that considerable confusion existed on the morning in question.
It also should be noted that supervision failed to conduct a vote among the affected
employes before the end of the first two hours of the trick, as was contractually
required in the subject situation. In view of all of the factors involved in this
case, we conclude that the
15-day
recorded suspension assessed against the claimants
should be allowed to stand. We further conclude that the claimants should be compensated in the amount of one-half of the wage loss suffered by virtue of their
actual suspension, it being understood that no pay is claimed for December
4,
1957.
AWARD
Claim sustained in part and denied in part as indicated in the above Opinion.
(s) Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
(s) A. J. Cunningham (s) C. S. Strang
A. J. Cunningham, Employe Member C. S. St
rang, Carrier Member
Jersey City, N. J.
November 30, 1959