Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9036
SECOND DIVISION Docket No. 8833
2-BRCofC-CM-'82
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
~ Belt Railway Company of Chicago
Dispute: Claim of Employes:
1. That as a result of an investigation held on June 1,
1979
Cayman Roger
Germane and Steve Karko were suspended for a period of nine (g) days.
Said suspension is arbitrary, capricious, unfair, unjust, unreasonable
and in violation of Rule 20 of the current working Agreement.
2. That the Belt Railway Company of Chicago be ordered to compensate Carmen
Germane and Ksrko for all wages lost as a result of the nine (g) day
suspension.
3.
That the Belt Railroad Company of Chicago be ordered to compensate
Cayman Germane and Karko an additional amount of
6%
per annum, com
pounded annually on the anniversary date of claim.
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.
On May 25,
1979,
the Claimants were notified to attend an investigation
concerning their responsibility, if any, in regard
tO
as asserted failure to determine
that certain cars were of excess dimension, and failure to properly notify
authorities of that fact.
Subsequent to the investigation, the Employes were suspended for g days.
A procedural question has been raised concerning the sufficiency of the
charge, however we are of the view that the Employes were properly notified,
within the requirements of the Rules Agreement, of the charges against them.
Form 1 Award No.
9086
Page 2 Docfcet No. 8833
2-BRCofC-CM-'82
The evidence presented at the investigation demonstrated that the cars in
question struck certain bridges, resulting in damage, and we have noted the
evidence that the Employes did not hold the cars in order to identify the actual
dimensions.
We are aware of the conflicting evidence of record, however it is not
incumbent upon this Board to weigh questions of credibility and to make fact
determinations. There is evidence of record sufficient to justify the Carrier's
conclusion, if that evidence is accepted, and under the circumstances we have no
recourse other than a denial of the claim.
A W A R D
Claim denied. °
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By ~ W~c .e- ~-cLc'
~semarie Brasch - Administrative Assistant
/Dated(at Chicago, Illinois, this 19th day of May, 1982.
IWAW