Yardmasters Awards Yardmaster Department – Award Topics A – B – C – D – E – F – G – H – I – J – M – N – O – P – R – S – T – U – W – Y A Absence due to illness or injury not voluntary absence (126) Absenteeism (77) Absenteeism – In Jail (77-A) Adjustment Board does not have jurisdiction cases involving non agreement employees (45) Adjustment Board has no jurisdiction disputes not growing out of grievances or interpretation of agreements (55) Adjustment Board has right to assess penalty (130) Admission of guilt overrides procedural errors (159) Affirmative defense by carrier (176) Agreement must be applied as written (10) Agreement rules always before Board (131) Altercation (dismissal set aside) (175) Appointment (132) Assertions vs. Facts (133) Attend Carrier Classes – Paid Time and One-Half (64) Attendance at carrier classes not considered work (107) Attendance at carrier required hearing test not considered work (108) Attend Investigation as Company Witness (203) B Bereavement leave claimed while on vacation – Denied (188) Bereavement leave denied while on vacation (115) Board cannot consider issues or arguments not handled on property (43) Board cannot rule on what is equitable or fair – Board rules only on contract interpretation (135) Board does not have authority to order reestablishment of jobs (140) Board does not resolve issues of creditability (136) Board has no authority to go beyond statement of claim (134) Board of doctors (34) Board must resolve procedural issues before it has the right to reach the merits (137) Burden of Proof on Petitioner (138) C Call more than once (139) Carman promoted to Yardmaster not required to forfeit seniority in Carmen craft (143) Carrier changed vacation (142) Carrier decides how much supervision needed (125) Carrier failed to allow employee to leave work (167) Carrier fails burden of proof – Rule G (68) Carrier fails to file ex parte submission to Board (75) Carrier fails to provide Board with copy of transcript (74) Carrier has right to establish medical standards for employees (145) Carrier held employee out of service after Carrier medical examiner certified him O.K. for duty (146) Carrier held employee out of service for medical or stress reasons – not considered discipline (147) Carrier liability for continuing claims expires when claim is denied (148) Carrier may hold employee out of service more than 5 days after medical O.K. to return if Carrier requests more medical information (144) Carrier medically disqualifies employee without giving reason or proof of disability (99) Carrier must meet burden of proof – Rule G (160) Carrier not obligated to leave message on answering machine unless prior arrangements have been made (141) Carrier official as judge, jury and hangman (8) Carrier’s operating rules assigned duties to craft (48) Carrier refused conferences on property (66) Carrier should call witness from testing lab in drug cases (23-A) Carrier would not return to work after release (173) Chain of custody (51) Circumstantial Evidence (120) Claim handled to wrong carrier official (165) Claim injury or sickness to avoid work (168) Claim must be paid at current rate (172) Claim not made within time limits of agreement (114) Claim not properly handled by Carrier (202) Claim withdrawn cannot be resubmitted (161) Carrier can’t blank position (191) Claimant denied – Employes on Strike (158) Claimant did not receive a fair and impartial investigation (199) Claimant dies – Award pays estate (162) Carrier has witness on telephone (Investigation) (190) Claimant must be available for claim on Holiday & Other (195) Claimant not named (40) Claimant permanently disabled then makes claim for not being returned to work — denied (89) Claims paid for agreement violation, though claimant was fully employed and lost no time (70) Claims progressed in compliance with applicable agreement (37) Coached and counseling (174) Compliance with the agreement (25) Concealing facts not also reasons for discipline (171) Conduct unbecoming an employee – No damage to carrier (83) Convicted of serious crime carrier has right to dismiss (78) Crossing craft boundaries (6) Credibility reserved to hearing officer, hearing officer should render decision(12) D DE MINIMUS (182) Denied representation of choice (124) DISCIPLINE Apply discipline evenly to all (17) Carrier has Burden of proof in discipline (22) Dismissal – Sexual Harassment (164) Dismissed for sending vulgar faxes (189) Discipline cases settled on procedural errors alone (59) Discipline prejudged (170) Discipline should be progressive and corrective (71) Discipline unjust and unwarranted (20) Discipline without hearing (1) Dismissal is excessive discipline (57) Disqualification is discipline (18) Double jeopardy in discipline cases (65) Past record cannot be used to access discipline when carrier fails burden of proof (56) Untimely discipline notice (11) Useless for organization to progress discipline claim to Board where carrier has sustained the burden of proof or accused admits responsibility unless there are substantial procedural errors (80) Dispatchers run road – not yard (118) Doctrine of Laches (149) E EAP – Voluntary enter EAP program – then file claim for time lost – denied(97) Eight Hours constitutes a calendar day (150) Employee fails to provide negative drug screen results within time limits set by carrier (88) Employee reinstated under carrier drug policy – then tested positive for drugs within probation period — DENIED (82) Employee refuses direct order to give breath test (86) Employee refused to work on religious Sabbath – dismissed – denied (106) Employee signs hearing waiver then appeals discipline assessed to Board — Denied (109) Employees use of carrier computer without authority tantamount to theft(110) Excessive discipline (186) Establish seniority under 60 day rule (60) Extra Yardmaster cannot be relieved early in basic craft to work as Yardmaster (183) Extra Yardmaster working on Holiday is entitled to Holiday Pay (90) F Failure to answer questions on injury report form (95-A) Failure to attach exhibits to transcript, missing testimony, no transcript supplied, untimely transcript (49) Failure to comply with conditions of reinstatement agreement in Rule G case(129) Failure to maintain safe operations (200) Failure to notify authorized representative (15) Failure to report injury promptly (95) Failure to supply medical report when requested by carrier – claim denied(7-A) Failure to supply carrier with medical records when requested (98) Falsification of injury report (95-B) Falsification of records (185) G Guilty plea in court of law grounds for dismissal by Carrier (193) H H&W/Vacation benefits for disciplined employee (196) Hearing held in absentia (94) Hearing notice sent certified mail – carrier held hearing in absentia before accused had a chance to pick up mail at post office (11-A) Hearing officer should render decision (12) Hearsay evidence or evidence taken after hearing (24) Held off position after being awarded by bulletined (128) Held over on regular job (166) Held out of service prior to hearing (14) I In jail – missed hearing (93) In jail – fail to report for duty (187) Independent consideration each level of appeal (29) Individuals cannot enter into special agreement with carrier (69) Insubordination (85) Issues discussed in conference on property and not documented and exchanged between parties not properly before Board (116) J Job abolished without 10 days notice (178) Jurisdictional issues may be raised at any stage of handling (121) L Laches – Doctrine of Laches (149) Lack of due process (33) Late transcript (194) Long time employee reinstated (192) Loss of work opportunity (44) Lost Compensation (9) Lunch period (169) M Make whole doctrine (112) “May” is permissive (104) Multiplicity of roles by carrier officials (19) Merger cases not properly before Adjustment Board when agreement contains specific provisions requiring Arbitration to settle disputes (46) N New evidence not admissible at board (39) No calling time specified in agreement (127) No conference requested or held on property (66-A) No mutual agreement to postpone investigation (67) No precedent value if agreement language differs (32) No probable cause (52) No notice or late notice of job abolishment to General Chairperson (76) Not under influence while on duty (50) Notice of Intent to Board must be within time limits of agreement (117) O Obey now – grieve later (101) Officer specified to receive claim should be officer to reply (54) One person make decision to test (53) Organization claim not fatal if procedural issues are not in statement of claim (36) Organization claim not fatal if procedural issues are cited in Notice of Intent to N.R.A.B. (36-A) Organization fails to prove that a specific agreement rules was violated – denied (102) Organization must prove exclusivity system-wide in scope cases (63) P Past practice doesn’t supersede an unambiguous rule (5) Past record can be considered when carrier proves guilt (56) Penalty for contract violation (41) Physical exam – awaiting results of (7) Planned overtime – denied (119) Prejudgment (26) Prejudice hearing officer (Predisposition) (62) promotion seniority (181) Programming (113) Proof of mailing (42) Proper or improper claimant (28) R Real Estate Benefits (197) Reason must be given for denial (3) Refuse physical examination (urinalysis) (drug test) (84) Resignation and release by employee relieves carrier of Claims (87) Res Judicata (30) Right to face accuser (81) Right to see carrier records after claim filed (47) Rule G – Second time (184) S SADIE HAWKINS Day (179) Seniority valuable asset (73) Seniority rules (163) Settlement of claims by authorized representatives are final and binding(103) Scope awards – exclusivity (21) Shall is mandatory (Blacks Law Dictionary) (105) Sick Pay (180) Specific charges (2) Stare Decisis (31) Submitting a false urine specimen (201) Submitting payroll sheet requesting pay for hours not worked – THEFT (92) Supervising crews in more than one yard (122) Supervisor not responsible for negligence of others (16) Survivor or Estate entitled to payment if claim sustained (72) Suspicion and surmise (13) T Theft of carrier property (91) Time limitations (4) Time limits to hold hearing (27) U Unchallenged statements made on property must be accepted as fact (38) Untimely discipline notice (11) Useless for organization to file claim on issue contained in a pending Section 6 Notice (79) Usual manner in handling claims on property (35) W Witness attend carrier hearing – paid (96) Witness meet with hearing officer prior to hearing (61) Witnesses with relevant information should testify at hearing (23) Working conditions (123) Y Yardmaster cannot be held responsible for what did not know (58) Yardmaster forced into Engineer Training – forfeit Yardmaster seniority(198) Yardmasters required to service locomotives, place/remove rear end markers on trains (100) Yardmaster required to work outside seniority district (111)