Form 1 NATIONAL RAILROAD ADJUS`fMNT BOARD Award No. 8915
SECOND DIVISION Docket No, 9155
/r--CR°MA°'8G The Second Division consisted of the regular members and in
addition Referee Clarence H. Herrington when award was rendered,

( International Association of Machi-niszs arid
Parties to Dispute: ~ Aerospace Workers

( Consolidated Rail Corporation

Dispute: Claim of Employer:

1. That under the Controlling Agreement Machinist Rnym^Td D. Morgan was

unjustly removed, suspended from the service of Consc,l,idated Rail

Corporation, from June 25, 1979 through July x8;, ::.9°'q, inclusive,

this action was unjust, unfair, arbitrary and capricious, in violation

of Rule No. 6.

2, That accordingly, the Consolidated Rail Corporation be ordered to

compensate Machinist, R. D, Morgan for seventeen (17) days, eight

(8) hours pay each day at the applicable rate. Also, any overtime he

may have made and other benefits occurring to hic pooition that he may

have lost.

Findings:

The Second Divisicm of the Adjustment Board, upon the va::iole record and all the evidence, finds that:

The carrier or carriers and the employs or employer involved in this dispute are respectively carrier and employs within the meaning ox the Railway Labor Act as approved June 21, 193.®

This Division of the Adjustment Board has jurisdiction ovs~: the dispute involved herein.

Parties to said dispute waived right of appearance ~,`: hearlir.g thereon.

The Claimant entered service of the qa'rrier on April lA , 1952. On June 26, 1979, the Claimant. was employed as Maintenance Machinist at Ce;x°rier's Morrisville, Pennsylvania facilities with assigned hours of 7:x+5 A.M. to 3 `45 P.M. At 8:10 A.M., on June 26, 1979, the Claimant's supervisor, when going trough the lunch room, noticed the Claimant and a furloughed Machinist conversing. The supervisor asked what was going on and informed the Claiz~nt that it was 8:10 A.M. and he should be working. A confrontation ensued and the Claimant was removed from service pending trial. In notice dated June 27, 1979, tea Claimant was notified to attend trial on July 6, 1979, in order to ans-~,lex charges in connection with the following:

"While on duty, as Maintenance Machinist at Morrisville, Pa., at approximately 8:15 AM on June 26, 1979, you were:

Form 1 Award No. 8915

Page 2 Docket No. 9155

2-CR-MA-'82

""t'r

A. Insubordinate to General Foreman J. T. Steinbeiser.

B. Threatened General Foreman J. T. Steinbeiser with bodily harm."

In notice dated July 18, 1]79, the Claimant was notified that he was disciplined by "Suspension June 26, 1979 to July 18, 1979, inclusive" for the offense with which he had been charged.

A close study of the entire transcript reveals that Claimant received a fair and impartial hearing at the trial held on July 6, 1979. The Organization contends that the Carrier violated the Claimant's rights by holding him out of service pending trial. This Board cannot agree with this contention. Numerous awards by this Board have held that the Carrier has a right to determine whether an employe charged with a serious violation of the rules shall be held out of service pending the investigation. Rule No. 7(e) provides an employe shall be made whole fox time lost if exonerated. Therefore, the Claimant was not deprived of any rights guaranteed him by the Agreement.

The records disclose substantial evidence to warrant the findings of the Carrier. There was some conflict in the evidence cited by Claimant's fellow employes. However, the Board has uniformly held that the credibility of the witnesses and the weight to be given to their testimony is for determination by the hearing officer. The Board, after careful deliberation, is unable to find that the judgement of the Carrier on the penalty assessed was arbitrary, capricious

""~'' or in any way an abuse of managerial discretion. _

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest: Executive SE,cretary
National Railroad Adjustment Board
4
By
emarie Branch - Administrative Assistant

Dated ~t Chicago, Illinois, this 10th day of February, 1y82.