Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7663
' SECOND DIVISION Docket No.
7381
2-N&W-CM-'78
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( System Federation No. 16, Railway Employes'
( Department, A. F of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Norfolk and Western Railway Company
Dispute: Claim of Em loyes:
1. That the Carrier violated the Agreement of September 1,
1949,
as subsequently amended when on January
3, 1975
Car Repairers,
R. L. Zapp and A F. Sisler were given a formal investigation for
charges that were not specific, resulting in unreasonable and
capricious assessment and a thirty (30) day record suspension
against their service record.
2. That the investigation was improperly arrived and and represents
unjust treatment within the meaning of Rule No.
37
of the
controlling Agreement.
3.
That because of such violation and capricious action, Carrier be
ordered to remove such thirty
(30)
day record suspension from said
employe's service record.
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,
193+.
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 Board has reviewed the entire record in this case and has found
no reliable evidence to show that the Claimants failed to detect an
improperly secured chain which dragged through a switch causing a derailment,
There was no evidence to show that such a chain was improperly secured at
the time the Claimants inspected the car in question. The train traveled
some twenty-five miles after the inspection and before the derailment occurred.
The chain could have become unsecured at any time. Circlunstantial evidence
may be used to prove a disciplinary offense. Mere speculation, however,
is not sufficient to meet the Carrier's burden of proof.
Form 1
Page 2
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. 7663
Docket No. 7381
2-N&W-CM-'78
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By<~...,;°4'``°
F
os ·maxie Brasch - A:Imintive Assistant
Dated at Chicago, Illinois, this 15th day of August, 1978.