Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7054
SECOND DIVISION Docket No. 6935
2-PC-MA-'76
The Second Division consisted of the regular members and in
addition Referee David P. Twomey
when
award was rendered.
( International Association of Machinists and
{ Aerospace Workers, A. F. of L. - C. I. 0.
Parties to Dish:
(
( Penn Central Transportation Company, Debtor
Dispute: Claim.of Employes:
1. That Machinist R. C. Hopp was improperly assessed thirty days
actual suspension from service following investigation held
on December 6, 1973.
2. That the investigation was
held
in violation of rule 36.
3. That, accordingly, Carrier be ordered to compensate Machinist
R. C. Hopp for all wages lost from November 26, 1973 to
December 26, 1973.
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.
Parties to said dispute waived right of appearance at hearing thereon.
The Claimant, Mr. R. C. Hopp) was removed from service on November
26, 1973, pending investigation in connection with an incident that occurred
that date. A hearing was held on December
6, 1973,
and the charges were
as follows:
"Your hostile and belligerent action toward a
supervisor in that you grabbed and threatened
supervisor R. H. Bowen with bodily harm while
on duty and on company property at approximately
8:15 P.M. or 9:00 P.M. at the West Detroit, Eilginehouse on November 26, 1973." (Employes Exhibit "A").
Form 1 Award No. 7054
Page 2
Docket No. 6935
. 2-PC-MA-'76
Subsequent to the hearing, the Claimant was advised by letter dated December
13, 1973, that he was being disciplined with a 1'30
days actual
time off
and the time employee held out of service to apply in the 30 days off".
(Employes' Exhibit "C")
The Organization contends that the hearing was not held in accordance
with the Agreement in that it was not held promptly and
as such
was outside
the time limits. We disagree.
Rule
36 does not specify a time limit for
holding disciplinary ,proceedings. We find that the hearing was held within
a reasonable period of time.
The Organization contends that the transcript was faulty as certain
parts of the testimony were deleted by the stenographer. We find there is
no showing of a substantial basis for this contention.
The Organization contends that the Carrier did not prove its charges
against the Claimant. We find that the Carrier did prove its charges. Foreman
Bowen testified, in part, (TR-3):
"While Mr. Bowen and Mr. Miscovich and Mr. Allen
were in the office Mr. Hopp made the remark that . . .
to Mr.
Bowen . . . that
he would not get away with
this; that he would lay for him outside the gate
and do bodily harm."
General Foreman Miscovich testified, in part, (TR-6):
" I came to the Foreman's office in the Roundhouse,
asked Mr. Hopp if he had swung at Mr. Bowen. Mr.
Hopp says, "No but I grabbed him by the shirt'."
The Claimant himself testified as follows:
"Q. Mr. Hopp, did you make a statement that you would
wait for Mr. Bowen outside the gate and get him?
A. No, I said someone might, sometime."
We find that
the
testimony of the witnesses and the Claimant's own
admissions clearly demonstrates
that the Claimant was guilty as
charged. We
find that the discipline of 30 days suspension is neither arbitrary nor
excessive and we shall deny the claim.
A W A R D
Cla im denied.
Form 1 Award No. 7054
Page 3 Docket No. 6935
2-PC-MA-'76
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Rosemarie Brasch - Administrative Assis nt
Dated at Chicago, Illinois, this 14th day of Hay, 197'6.