Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9468
SECOND DIVISION Docket No.
9'+55
2-CR-EW-183
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute: ( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the action of the Consolidated Rail Corporation (Conrail) in
assessing five
(5)
days deferred suspension to Electrician Bernard C.
Osburn was unjust, arbitrary and deliberate abuse of power by the
Carrier.
2. That the Consolidated Rail Corporation (Conrail) be ordered to remove
the five
(5)
days deferred suspension from the record of Electrician
Bernard C. Osburn.
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.
This claim involves a five day, deferred suspension issued the Claimant,
Electrician Bernard C. Osburn. The Organization argues the Claimant was denied
a fair and impartial trial on the grounds he was denied the opportunity to face
his accuser.
Upon review, this Board is satisfied the transcript established the Claimant
was instructed to proceed to a disabled train, and the assignment was not completed.
The Organization and Claimant had ample opportunity to question the testimony of
Carrier witnesses directly involved. For whatever reason, the Claimant chose not to
follow instructions. The Board finds absolutely no merit in the contentions
advanced in his behalf. Under these circumstances, this Board finds no error in
the Carrier's determination to impose a five day, deferred suspension upon the
Claimant.
A W A R D
Claim denied.
F orm 1
Pa ge 2
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
~~Q
o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of May, 1983.
Award No. 9468
Docket No.
9455
2-CR-EW-X83
NATID NAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division