Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9294
SECOND DIVISION Docket No. 9190
' 2-KCS-MA-'82
The Second Division consisted of the regular members and in
addition Referee Joseph P. Sirefman when award was rendered.
( International Association of Machinists and
Parties to Dispute: ( Aerospace Workers
(
( Kansas City Southern Railway Company
Dispute: Claim of Employer:
1. That the Kansas City Southern Railroad violated the controlling Agreement,
particularly Rule 29, when they unjustly suspended Machinist R. H. Cheek
from service May 12, 1980 through May 26, 1980.
2. That accordingly, the Kansas City Southern Railroad Company be ordered
to compensate Machinist R. H. Cheek in the amount of eight (8) hours per
day at the pro rata rate of pay beginning May 12, 1980 through May 23,
1980, and to include all vacation rights, insurance benefits and all
other rights he may be entitled to.
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 employer 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.
On April I, 1980 Claimant R. H. Cheek, a machinist, was served with a Notice
of Investigation "for the purpose of ascertaining the facts and determining your
responsibility in connection with your failure to properly torque crab studs
after changing #+ head, unit 655, March 14, 1980"<
Unit 655 failed on Train
#77
on March 22,
19b0.
The investigation was held
on April 28, 1980 and on May 6, 1980 the Carrier's Superintendent of Safety wrote,
to Claimant that "The investigation developed that Machinists R. H. Cheek and
C. W. Hyde did fail to properly torque crab studs after changing #+ head on unit
#655, March 14,
1980
causing this unit to fail on March 22,
1980".
A suspension
of ten working days was recommended and Claimant was suspended for ten working
days from May 12th through May 26,
1980.
A review of the record before this Board establishes that the April 1,
1980
notice of investigation provided sufficient particularity to permit Claimant to
properly prepare a defense for the allegations contained therein, and that Claimant
was properly afforded all the procedures provided by the contract. Although the
Form 1
Page 2
Award No. 9294
Docket No.
9190
2-KCS-MA-'82
broken crab stud in question was not presented at the hearing, the record further
establishes that the Diesel Shop Foreman and two machinists, with 21 and 15 years
experience respectively, examined the unit when it ceased functioning, and found
the broken top right crab stud on an assembly which Claimant and another had worked
on several days prior, that the torque on the other crab studs in the assembly
were very substantially below the recommended 1800 foot lbs, and that they concluded,
based upon experience, that the failure to torque the other studs to the proper
value put excessive pressure on the right top crab stud causing it to crack and
the unit to shut down. There was substantial evidence in the record to sustain
the Carrier's decision to discipline Claimant and we may not substitute our
judgment for that of the Carrier. The penalty imposed was a reasonable one for
the resulting unit shut down.
A W A R D
Claim denied.
Attests Acting Executive Secretary
National Railroad Adjustment Board
By
:R emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 18th day of August, 1982.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division