ILLNESS, INJURY, DISABILITY, ETC.

Increase in Force-See "REDUCTIONS OR INCREASE IN FORCE"

Individually Sumbitted Cases-See "Awards Indexed by Organizations,

etc."

INSTRUCTIONS

Insurance-See "ILLNESS, INJURY, DISABILITY, ETC," or "CONDITIONS OF EMPLOYMENT," as case may be.

Page

966

967

Interest on Awards, Claims for-See "PAYING OFF"

INTERPRETATIONS AND/OR SUPPLEMENTAL AWARDS

968

Investigations-See "COURT, INVESTIGATIONS, ETC."

JURISDICTION OF BOARD OR DIVISION

968

LEARNING WORK (No Cases)

Leave of Absence-See "ABSENCE FROM WORK," or "SUNDAYS,
HOLIDAYS, AND LAY-OFF DAYS"

Lunch Period-See "MEAL PERIODS, ETC."

MEAL PERIODS, ETC. (No Cases)

Promotions See "EXPERIENCE, QUALIFICATIONS, PROMOTIONS,
DEMOTIONS"

Public Office-See "ABSENCE FROM WORK"

Qualifications-See "EXPERIENCE, QUALIFICATIONS, PROMOTIONS, DEMOTIONS," "CONDITIONS OF EMPLOYMENT," or "ILLNESS, INJURY, DISABILITY, ETC.,” as the case may be.

RATES OF PAY-GENERAL

REDUCTION OR INCREASE IN FORCE

Referee Awards, Opinions and Conclusions-See SPECIFIC Question
Involved

Reinstatements-See "DISCIPLINE AND REINSTATEMENTS”
Relief Days-See "SUNDAYS, HOLIDAYS AND LAY-OFF DAYS"

969

969

971

971

973

973

REMANDED CASES

Representation-See "ORGANIZATION AFFILIATION AND/OR

REPRESENTATION"

Rest Period in Wrecking Service or on Road-See "CONTINUOUS TIME CLAIMS," "HOURS OF SERVICE-Miscellaneous", ROAD TIME GENERAL"

RIGHTS TO SERVICE AND VACANCIES-NOT USED, ETC.

Page 974

(See also "SENIORITY" and "REDUCTION OR INCREASE IN
FORCE")

(See also "RIGHTS TO SERVICE AND VACANCIES" AND "REDUCTION OR INCREASE IN FORCE")

Service Records-See "CONDITIONS OF EMPLOYMENT”

SHOP OR EMPLOYES' TRAINS (No Cases)

Sleeping and Rest Periods-See "CONTINUOUS TIME CLAIMS," "HOURS OF SERVICE-Miscellaneous" and "ROAD TIME— GENERAL"

Starting Time-See "HOURS OF SERVICE"

STRIKES

SUNDAYS, HOLIDAYS AND LAY-OFF DAYS GENERAL ONLY (No Cases)

Supervisory Positions-See "OFFICIAL POSITIONS"

Supporting Opinions-See "DISSENTING AND/OR SUPPORTING

OPINIONS"

TEMPORARY POSITIONS

TERMINALS, CHANGES IN (No Cases)

TIME LOST CLAIMS-GENERAL ONLY

TRANSPORTATION (No Cases)

TWO OR MORE OCCUPATIONS (No Cases)

Vacancies-See "RIGHTS TO SERVICE AND VACANCIES-NOT
USED, ETC."

VACATIONS-VACATION AGREEMENTS

Withdrawn Cases-See "DISMISSED AND WITHDRAWN CASES" Work Outside of Bulletined Hours, Punitive Rate Claimed-See "RATES OF PAY-GENERAL," "OVERTIME” and "HOURS OF SERVICE-Miscellaneous"

WRECKING SERVICE

983

984

985

987

988

989

990

992

INDEX TO AWARDS

Awards Indexed by Subjects

Award Docket

Railroad

ABSENCE FROM WORK

Organ-
ization

CM

CM

Subject

Discipline, Absence from Work:
Claimant was on a leave of ab-
sence with permission to engage
in outside employment. He noti-
fied Carrier that due to arm and
shoulder trouble, he was physical-
ly unable to return to work at the
end of his leave and therefore
was reporting off from duty un-
der Rule 22 until further notice.
The investigation clearly shows
that Claimant was absent without
leave and was engaged in other
employment without authority.
Held, Carrier properly dismissed
Claimant from its service for be-
ing absent without leave and en-
gaging in outside employment
without authority. Award: Claim
denied.

Absence from Work: Claimant was
suspended for five days and now
claims compensation for said sus-
pension. Claimant informed the
Night Foreman that he might not
report for work the following
night, which was Wednesday, be-
cause he had to go out of town be-
cause of personal reasons. He did
not report for work Thursday
either. Held, the available evi-
dence proves that the Claimant
did not give prior notice of his
absence. Carrier's right to take
disciplinary action cannot be
doubted. Award: Claim denied.
Discipline Intoxication: Claim-
ant was dismissed from service
because he was arrested by the
police for reckless driving, having
an accident, causing personal in-
jury and being drunk to which he
pleaded nolo contendere. Held,
Carrier's penalty was excessive
and a lesser penalty is appropri-
ate. This is particularly true in

-

ABSENCE FROM WORK-Continued

Award

Docket

Railroad

Organ.
ization

Subject

view of the fact that one of the charges for which he was dismissed was unjustified, and that the 3 incidents involving the use of intoxicants occurred while he was off duty. Claimant shall be reinstated and compensated except for a period of 3 months. Award: Claim partly sustained and partly denied. Carrier Members filed dissent.

Absence from Work: Claimant was

charged with failure to report for duty. He overslept one night and when he reported for work the Foreman sent him home because he had already replaced Claimant with another Carman. Held, the evidence on the record considered as a whole has convinced us that the Claimant's dismissal was an excessive penalty. The Claimant was merely guilty of a minor infraction of the working rules and not of a serious breach of his contractual obligation or a major offense. Claimant's dismissal is hereby set aside. The record is inconclusive as to the days on which the claimant would have worked had he not been suspended and subsequently dismissed. We are confident that Carrier's records will reveal those days. Yet in the event the parties cannot reach an agreement on this point, each party shall be entitled to resubmit this case to us for a final determination of the exact amount due to the Claimant under this Award. Award: Claim partly sustained and partly denied.

AGREEMENTS OR RULES-Continued

(g) Violation of—General only-Continued

Railroad

Organ.
ization

CM

EW

CM

Subject

ter paint the identification numbers on the ends of Locomotive tender tank. Carrier alleged that by custom this work had been done by other carmen when no painter was on duty. But no evidence was submitted by either party tending to support Carrier's contentions. Held, the Agreement has been violated and Claimant is entitled to a call of two hours and forty minutes. Award: Claim sustained.

Wrecking Service: Employes allege wrecking crew members should have been paid waiting time. Held, the work at the scene of the wreck admittedly was completed before the claimants were released and given the opportunity to go to bed. The claim must be sustained. See Awards 790, 1028, 1048 and 1078 of this division. Award: Claim sustained.

Discipline Dereliction of Duty: Carrier charged claimant with failure to make proper observation and inspection of unit. The record shows that the defective amp meter which claimant was disciplined for failure to report was not inspected by him, but by another employe with whom he was working the inspection. Held, under the circumstances the report apparently should have been signed by his co-employe, instead of, or in addition to, claimant. Award: Claim sustained. Carrier Members filed dissent. Referee replied to dissent.

Vacations Vacation Agreements: Employes allege claimant was denied proper compensation for work performed during his assigned vacation. Carrier tried to find a relief employe for claimant's vacation period but was unsuccessful. They then notified