Form I NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 9517
SECOND DIVISION Docket No.
9533
2-BS&M-CM-'83
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
Brotherhood Railway Carmen of the United States
Parties to Dispute: and Canada
(
( Boston and Maine Corporation, Debtor
Dispute: Claim of Employes:
1. That the Boston and Maine Corp. (hereinafter referred to as the Carrier)
violated the provisions of the controlling Agreement, namely Rule 31,
when the Carrier unjustly suspended Carman-Helper H. J. Satrowski
(hereinafter referred to as the Claimant) for IO days beginning on
July 10,
1980
and ending on July 24,
1980.
Also the Claimant was
improperly assessed 12 Demerits against his service record because of
the alleged violation.
2. That accordingly, the Carrier be ordered to compensate the Claimant for
all time lost at the Carmen's pro rata rate and remove the 12 Demerits
from the Claimant's service record.
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 facts did not justify the Carrier's holding the Claimant, Henry 0.
Satrowsk i out of service pending the hearing. The Claimant did;not refuse a
direct order of a Carrier official. The Foreman Wreckmaster evidenced a lack of
managerial temperament and poor judgment in his handling of Mr. Satrowski's
request for rubber gloves to use while steam cleaning the bull-dozer in question
in preparation for repairs. Mr. Satrowski evidenced carelessness in the manner
in which he reported his injury. The suspension assessed by the Carrier in
this case was for a ten day period, which covered the time the Claimant was held out
of service while he was waiting for a hearing. As stated above the facts did not:
justify the Carrier holding the Claimant out of service. Substantial evidence of
record does not exist to support a finding that Mr. Satrowski was responsible
for the major offense of insubordination. We find that no suspension should have
been imposed in the instant case. We find however that the 1.2 demerits assessed
against Mr. Satrowski's service record are proper because of the careless manner
in which he reported his injury on the morning of July 10,
1980.
Form 1
Page 2
A W A R D
Claim sustained as indicated in the Findings.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
BY CJ _
s marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of June, 1983.
Award 'L:o. 9517
Docket No. 9533
2-BEM-CM-'83
NATIONAL.RAILROAD ADJUSTMENT BOARD
By Order of Second Division