SPECIAL BOARD OF ADJUSTMENT N0. 924
Award No. 56
Docket No.
65
PARTIES: Brotherhood of Maintenance of Way Employes
TO : -
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The-fifteen (15),day suspension assessed Machine
Operator 'S. ff. B3
11m
for allegedly being absent
without proper authority on June.22, 1984, was
_ without just-and sufficient cause, capricious and
excessive.-(Organization File 4D-4690; Carrier File .
81-84-225-'~).
(2) Machine Operator S. B. Blum shall be allowed the
remedy prescribed in Rule 19(d)."
FINDINGS:
This Board, upon the whole record and all the evidence,
finds and holds that the employes and the Carrier involved, are
respectively emplages and Carrier within the meaning of the Railway Labor Act as amended, and that the Board has Jurisdiction
over the dispute herein.
The claimant herein is the same as involved in Award
No. 55. The occurrence herein actually arose out of the
same incident as·involved in Award No.
55.
On June 29, 1984,
claimant was instructed to appear for a hearing scheduled
for July 3, 1984, on the charge:
"Your responsibility in connection with being absent
from duty without proper authority on June 22, 1984."
The hearing was postponed and conducted on July 9, 1984.
A transcript of the hearing has been made a part of the record.
In the hearing it was established that,.without
securing authority or notifying any supervisory officer,
o3aimant, on June 22, 1984, left work about 2:-30 P.M., or
1-1/2 hours prior to the conclusion of his assignment.
No employe is permitted to decide for himself when he
will leave his assignment. Carrier's Rule 14 of General Regulations
and Safety Rules~provides:
SBA-924
Award No: 56
Docket No. 65
Page 2.
'Employee must report for duty at the designated
time and place. They must be alert, attentive and
devote themselves excluisively to the Company's service
while on duty. They must not absent themselves from
duty, exchange duties with or substitute others in
their place, without proper authority."
Claimant was clearly in violation of the rule. The
discipline imposed was not arbitrary, capricious or in bad
faith. The claim will be denied.
A W A E D
Claim denied.
Chairman, Neutral
Member
DATED:. d'Gt
Labor Member.