F orm 1 NATIONAL RAILROAD ADJUSTIzENT BOARD Award No.
8560
SECOND DIVISION Docket No.
8447
2-WT-CM-'81
The Second Division consisted of the regular members and in
addition Referee Gilbert H. Vernon when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(
( Washington Terminal Company
Diqp ute : Claim of Employes
1. That the Washington Terminal Company violated the controlling agreement
when they unjustly assessed car cleaner D. A. Fischer a formal reprimand
as a result of an investigation held on September
7, 1978.
2. That, accordingly the Washington Terminal Company be ordered to remove
said reprimand from D. A. Fischer's 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, 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 is employed with the carrier as a car cleaner with a seniority
date of August
28, 1977.
On August
30, 1978,
the carrier charged the claimant with negligence in
connection with three separate personal injuries. The hearing was held September
7, 1978,
and claimant was, as a result, found guilty as charged. In this
connection, the carrier issued a letter of reprimand to the claimant.
In
reviewing
the record, it is the Board's conclusion that in consideration
of the degree to which the claimant was found to be negligent and careless it
cannot be said that a formal reprimand is arbitrary or capricious.
A W A R D
Claim denied.
Form I
Page 2
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
8560
Docket No.
8447
2 -wT-Cri-'
81
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of Second Division
Ro'emarie Brasch - Administrative Assistant
Dated
qt
Chicago, Illinois, this 7th day of January,
1981.