C:\AWARDS\OUT\2-07941.htm

Form 1 ~,'iE C L ~ ~ ~ U .TIONAL RAILROAD ADJUSTMENT BOARD Award No, 7941
J UN 4 1979 SECOND DIVISION Dock 38
Br x_EW_ 179

bo~PkW6consisted 'of the regular members and in

addition Referee Robert A, Franden when award was rendered.

( System Federation 'No. 7, Railway Employes' ( Department, A, F. of L. - C. I. 0. Parties to Dispute: ( (Electrical Workers ( Burlington Northern Inc. Dispute: Claim of F!rmloyes:

1, That in violation of the current agreement, Electronic Technician,

formerly Coi.inications Maintainer N. P., Eugene

TnT.

Glatt of

Pasco.,

Washington,

was unjustly suspended from service of the

Burlington T;orther Inc. from December

27, 1976

through January

9, 1977,

a period of

days.

2, That, accordingly, the Carrier be ordered to compensate Electronic Technician Glatt for the 12 working days at pro rata rate, the record of suspension be removed from his personal record, together with restoration of any lost vacation time, railroad retirement benefits., holidays, sick day or hospitalization benefits and any other rights, privileges or benefits he may be entitled to under schedules, rules, agreements, or law.

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 erploye 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.

Claimant was suspended from the service of the Carrier for fourteen (14) days after having been found to have failed to operate his motor vehicle in a safe manner which resulted in his being struck by a train. He was found to have failed to comply with Safety Rules of Maintenance of Way Department Rules T+71, 473 and 475.

The Ot -an:' zat~.on r..ws_wc.=..i_:.:v t'~--t in addition to failing to meet its burden of proof, the Carrier evidenced a prejudicial attitude toward the Claimant in the wording of the notice, and the conduct of the hearing. The notice is attacked as showing prejudice in that the wording of the charge did not include the word "alleged", The notice advised Claimant that he Form 1 Page 2 Award No, 79.1 Docket No, 7738 2-BNZ-Ew-t79 was to attend the investigation for the "purpose of ascertaining your responsibility for your failure to avoid having year assigned truck -11 4659 struck..." We find this notice to be proper and not evidencing prejudice toward the claimant as alleged. The rest of the Organization's allegations with respect to the improper conduct of the hearing have been reviewed. We do not agree with the Organization that the hearing eras conducted in a prejudicial manner. The matters complained of were minor in nature and do not constitute sufficient error in the proceedings so as to render them a nullity. The finding of the hearing officers that the Claimant was guilty of the offense charged was supported by substantive evidence of probative value. Considering the seriousness of the violation in that it could easily lead to loss of life, we do not find the fourteen (1~) day suspension to be excessive. A W A R D Claim denied. Attest; Executive Secretary National Railroad Adjustment Board

TSgTIONAL RAILROAD ADJUSTUEiv1T BOARD

By Order of Second Division

.o emarie Brasch - 'curini.strative Assistant Dated t Chicago Illinois, this 24th day of Mays 1979,