(Advance copy. Th-a :zsual printed. copies =rill be sent later.)

Form 1 NATIONAL RAILROAD ADJUST,\UJNT BOARD Award No. 6414
SECOND DIVISION Docket No. 6232
2-BN-NIA-173
The Second Division consisted of the regular members and in
addition Referee Irving R. Shapiro when award was rendered
(System Federation No. 7, Railway Employes;' ,^

Department. AFL-CIO. .

Parties to Dispute: (Machinists) J` `

(Burlington Northern ~ I nc':

Dispute: Claim of Employes:

1. That under the controlling agreement Lead. Machinist J. D. Altobelli was unjustly suspended from service for five days on January 28, 1971, at the 14th St. Passenger Yards, Chicago, Illinois.

2. That accordingly the Burlington Northern, Inc.., be ordered to compensate Lead Machinist J. D. A ltobelli for all tirae lost during this suspension.

3. That the Carrier be ordered to clear the. "Entry of Censure"~ and all charges connected therewith, from his personal record

Findings: .

The Second Division of the Adjustment Boa_rd.., upon.the-whole record and all the evidence, finds that:

The carrier or carriers and the employe or erployes 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.

Parties to said dispute waived right of appearance at hearing thereon.

It is axiomatic that every employe is required to be constantly on the alert. while an operation is in process. This is mcst particular2.y essential when the employe is directly involved. in the transaction. This is of the essence for saf'etk.; of all concerned in rail transportation and the protection of property.

Claimant,by his own admission, was othen,-ise engaged, instead of giving his I

full attention to the movement of the train on i4hich he was assigned to work. ',,,_ I
Petitioners argument concerning job duties and responsibility and otherwise. seek- .
ina to excuse claimant's misfeasance does not overcome the basic*and fundamental
M'loye ohligation. p

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Form 1 Award uo. 6414
Page 2 Doc?;et T;o. 6232 ,~"
2-BN-MA-'73 I

This Board has reiterated time and again that having found that just cause exists for disciplinary action, we will not substitute our own Judgment for that of the carrier as to the penalty imposed in the absence of a clear showing that such was arbitrary, capricious, or unreasonable. (See Award 6240 and Awards cited therein) This is not found herein.

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A 4J A R D

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Claim dense d..

NATIONAL RAILROAD ADJUMENT BOARD By Order of Second Division i

.Attest:

~. ,ir.J

Executive Secretary

Dated-at Chicago, Illinois, this 3rd day of January, 1973.

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