Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
$793
SECOND DIVISION Docket No. 8666
2-SLSW-EW-181
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
International Brotherhood of Electrical Workers
Parties to Dispute:
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
1. That Radio Equipment Installer W. R. Belew an employee of the St. Louis
Southwestern Railway Company was verbally abused and harrassed by Superviscr
R. Gregory on April
9, 1979
in violation of Rule 1801.
2. That the St. Louis Southwestern Railway Company be ordered to issue some
disciplinary penalty against Supervisor R. Gregory account of his action.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carrier:; 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 disputc wai·7ed right of appearance at hearing therecm.
The gravamen of this case goes to the asserted demeanor of a supervisor toward
the Claimant during an incident on or about April
9, 1979.
Essentially, the Claim
asked that appropriate discipline be assessed against the supervisor for his alleged
unjust treatment of the Claimant in this regard.
Without addressing the details of the incident raised in this case, suffice.
it to say that this Board is without authority to assess the relief demanded, i.e. to
issue disciplinary action against supervisor involved.
A W A R D
Claim is denied.
Form 1
Page 2
Attest: Executive Secretary
National Railroad Adjustment Board
Award
No.8793
Docket
No.
8666
2-SISW-EW-'81
NATIONAL RAIIROAD
ADJUSTMENT BOARD
By Order of Second
Division
__,_4
Dated
a Chicago, Illinois, this 28th day of
October,
1981.