(Advance copy. ?he usual printed copies will be sent later.)
Form 1 SIITIOIIAL RAILROAD ADJUSTNW HOARD Axard Do. 6522
SZOM DIVISION Docket No:
638.,1
2-IC-CH-173
The Second Division consisted of the regular members
and in
addition Referee Robert A. Frandea when award was rendered.
System Federation No.
99,
Railway Employes,
Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( a
( Illinois Central Railroad Company
Dispute: Claim of &meployea:
1. That under the current agreement Car Inspector H. B. Wederstrandt,
Jr.,
was unjustly suspended from the service of the Illinois Central
Railroad from 12:01 A.M., October 31,
19'11
until 12:01 A.M.,,
November 14, 1971.
2. That accordingly the Illinois Central Railroad be ordered to
compensate Car Inspector H. B. Wederstrandt, Jr., for all time
lost account of the aforesaid unjust suspension.
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 employee
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.
Car Inspector H. B. Wederstrandt, Jr. was found guilty of striking
a fellow employe and was suspended from the service of the Carrier for 15 days.
The issue before this Board is whether the record substantiates the finding of
the hearing officer that the claimant was guilty of the &Ueged offense.
The transcript of the investigation reveals that the only evidence
adduced that would tend to implicate the claimant was the testimony of Carman
Roser, the employe who was struck. Roser testified that he was struck on the
back of his head by a blunt object as he was leaving the locker shanty. He
further testified that he did not see who struck him but that it was his supposition that it was the claimant in that he was the only other person "in the
shanty behind me at the time". He further testified that he also did not see
the claimant immediately after he was struck.
Form 1 - Award No. 6522 (-
Page 2 Docket No.
6383
2-IC-CM-'73
It is well established that in discipline cases this Board does
not hold the carrier to the degree of proof required in criminal cases. For
that reason we have held that circumstantial evidence can be sufficient to
meet the burden of proof required in these cases. There must, however, be
more than scintilla of evidence upon which the finding is based. The evidence
in the present case is,sa paltry that we moat find that the carrier has not met
the burden we require; that substantive evidence of probative value be adduced
to support the charge.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Second Division
Attest: ~Executive ,
Secretary
Dated at Chicagos Illinois.q this 18th day of June,
1973.