Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9163
SECOND DIVISION Docket No. 9220
2-C&NW-CM-'82
The Second Division consisted of the regular members and in
addition Referee Thomas V. Bender when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. Freight Car Repairman Robert E. Rust was erroneously charged with
failure to properly store Company material resulting in a safety hazard
on June 9,
1979.
2. Freight Car Repairman Robert E. Rust was unjustly assessed five
(5)
days actual suspension on July
13, 1979,
following investigation held
July
6, 1979.
3.
That the Chicago and North Western Transportation Company be ordered to
compensate Freight Car Repairman Robert E. Rust eight hours pay per day
for the five days he was unjustly suspended, plus all benefits to which he
is entitled in accordance with Rule
35.
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.
The Claimant is a freight car repairman at Carrier's Proviso Repair Track
facility. On or about June
9, 1979
at 6:00 a.m., the Claimant was working on Track
8. While changing a wheel he was observed throwing a roller bearing adapter out
the door of the repair facility. A scrap bin is provided for collection of scrap.
This bin was in the immediate vicinity of the Claimant.
The Carrier suspended the Claimant for five (5) days. This discipline was
based on the fact that the Claimant's actions created a safety hazzard. The
Claimant's activity was observed by acting foreman, Ileja A. Ivkovic. Instead of
confronting the Claimant, acting foreman Ivkovic chose to report the incident to
the General Car Foreman.
In view of the circumstances the Board finds the five (5) day suspension
excessive. The five (5) days is hereby reduced to one (1) day.
Form 1 Award No. 9163
Page 2 Docket No. 9220
2-C&NW-CM-'82
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 30th day of June, 1982.