The Second Division consisted of the regular members and in
addition Referee Curtis G. Shake when the award was rendered.
SYSTEM FEDERATION NO. 122, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Electrical Workers)
EMPLOYES' STATEMENT OF FACTS: The Pullman Company, hereinafter called the carrier, employed H. J. McCluskey as an electrician in its Pittsburgh District on October 4, 1920 and who has remained in the service since then or for more than thirty-five years.
The carrier made the election belatedly, on September 8, 1955, to summon the claimant to appear for a hearing at 1:00 P.M. on September 13, 1955 on an alleged charge which occurred on July 14, 1955 or fifty-five days before this date of notice. This hearing, however, was postponed and held by mutual understanding between the parties on September 29, 1955.
The carrier's foreman, J. W. Brown, furthermore elected to notify the claimant under date of October 27, 1955 belatedly, or twenty-eight days after his hearing was concluded, that his service record would be assessed with a warning.
This dispute has been progressed with the carrier up to and with the highest officer designated thereby to handle such dispute and, consequently, he has declined to adjust it.
In this ex parte submission the company has shown that on July 14, 1955, Electrician McCluskey failed to make a proper test of the speed control circuit on car CASCADE BLUFF after removing the 220 volt standby cable, as a result of which improper action there was an air conditioning failure in car CASCADE BLUFF when this car was used in service. The company properly imposed a "Warning" upon him.
The National Railroad Adjustment Board has repeatedly held that where the carrier has not acted arbitrarily, without just cause or in bad faith, the judgment of the Board in discipline cases would not be substituted for that of the carrier. In Second Division Award 1323, the Board sets forth its opinion as follows:
The claim of the organization in behalf of Electrician McCluskey is without merit and should be denied.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
On October 27, 1955, the carrier assessed the claimant with a disciplinary warning on a finding that he was guilty of failing to make a proper test of the speed control circuit of car Cascade Bluff after removing the 220 volt standby cable at Pittsburgh, resulting in an air conditioning failure when said car was used in service.