Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7224
SECOND DIVISION Docket No. 7039
2-IHB-CM-'77
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
( System Federation No. 1, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Indiana Harbor Belt Railroad Company
Dispute: Claim of Employes:
1. That Carrier improperly suspended Carman Daniel Siniawski and
unjustly dismissed
him after hearing on November 26, 1974.
2. That accordingly Carrier be ordered to restore Carman Siniawski
to service with all rights unimpaired.
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.
Claimant was charged with negligence in the performance of his duties
and falsification of company records during his 11 p.m. November 18, 1974 to
7:00 a.m. November 19, 1974 shift. In addition, he was suspended from service
prior to investigation.
Subsequent to the hearing, Claimant was dismissed from service.
The Claimant had certain experience in inspecting cars for "car control";
which involves a determination of fitness for loading at each industry. Cars
are inspected by length, width, width of floor, width of door and general
condition concerning dirt, bad order, etc.
On the tour in question, Claimant was to inspect four (4) designated
cars and he purportedly did so. The report he submitted contained informaticn
which would suggest that the cars were "box cars", whereas -- in point of fact -they were gondola cars.
Form 1 Award No. 7224
Page 2 Docket No. 7039
2-IHB-CM-'77
The Claimant conceded that he may have been negligent, and insists that
he checked the wrong cars by honest mistake. But, he admits that he should
have checked the car numbers first which would have precluded such a mistake.
The incorrect information was detected before it caused the Carrier damage
and embarrassment.
The Board has fully reviewed the record, including the transcript of the
hearing. We feel thatCarrier was fully justified in reaching its conclusions
and imposing the disciplinary action which it did. The suspension pending
investigation was clearly authorized by Rule
36:
"Suspension in a proper case pending a hearing
...
shall not be deemed a violation of this rule."
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
. s
By
.4 -
arie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of February, 1977