Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7506
SECOND DIVISION Docket No. 7386
2-AT&SF-EW-'78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 97, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Atchison, Topeka and Santa Fe Railway Company
Dispute: Claim of Employes:
(1) That the Carrier erred and violated the contractual rights of
Mr. James Robert Burke when they discharged him from service as
a result of an investigation held on July 31, 1975.
(2) That said investigation was both illegal and improper.
(3)
That, therefore, he should be returned to service with all
rights, privileges and benefits restored, and,
(4) That he be compensated for all time lost, including overtime.
Further, that he be made whole for lost benefits such as
vacation rights, health and welfare and insurance benefits,
Railroad Retirement and Railroad Unemployment and Sickness
Benefits, and/or any other benefits he would have received or
earned while he was being held out of service.
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 and Electrician Helper, after a formal investigation,
was dismissed from service of Carrier, since he had accumulated sixty
(60) demerits under the Brown System on his personal record. Petitioner
has contended that the Brown System of Discipline was illegal and improper,
thus the discipline should be overturned by this Board. We do not agree.
In Second Division Award PTo. 6382 (Bergman) which involved a nearly
identical dispute between the same parties as in the instant case, it was
held:
Form 1
Page
2
Award No.
7506
Docket No.
7386
2-AT&SF-EW-'78
"The Bxo-wm System of Discipline by Record goes back
to 1923.
It was tested and fully discussed in
Second Division Award No.
1820.
That award found
that under the system a Claimant is always aware
of his status and at a formal hearing has the
opportunity to double check his record. This
Division held that dismissal based on this system may
be upheld."
Also see Second Division Awards Nos.
1820
(Wenke) and
5987
(Dorsey); First
Division Awards Nos.
15 24+., 17 021, 17 518, 18 109;
Third Division Awards
Nos.
10877
and
115+8.
We will deny the claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Rail-road Adjustment Board
NATIONAL RAILROAD ADJUSTPEN`I' BOARD
By Order of Second Division
7By
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of April,
1978.