Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9520
SECOND DIVISION Docket No. 9537
2-C&NW-FO-'83
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. That in violation of the current agreement, Mr. Edward Gutierrez, laborer,
Chicago, Illinois was unjustly suspended for fifteen days (January 20
thru February 3, 1981 from service following a hearing held on the date
of January 14,
1581.
2. That, accordingly, Chicago and NorthWestern Transportation Company be
ordered to compensate Mr. E. Gutierrez for all time lost at the pro
rata rate, and any reference to this incident stricken from his 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 Claimant, Mr. Edward Gutierrez, was regularly employed as a Laborer by the
Carrier at the M19-A Diesel Shop, Chicago, Illinois. On January 3, 1981, the
Carrier sent a directive to Claimant, instructing him to appear for a formal
investigation in connection with the following charge:
"Your responsibility for violation of Rule No.
73 of
the
C&NW General Regulations and Safety Rules at approximately
2:00 p.m. on January 3,
1981;
specifically, you were not
wearing eye protection while washing the exterior of Locomotive 147 with chemical cleaners."
Following the hearing, Mr. Gutierrez was assessed a 15 day suspension. This _
claim now before this Board was filed for the removal of the discipline and pay
for time lost.
We find that substantial evidence of record supports the Carrier's finding
that Mr. Gutierrez was responsible for violating Rule No. 73 of the General
Regulations and Safety Rules. Shop Superintendent Mr. Rambhajan testified that
he observed Mr. Gutierrez and another employe actively washing the engines
without safety glasses. Mr. Rambhajan testified that when he told Mr. Gutierrez
to put his glasses on, he removed them from his pocket and applied them to his
face. This testimony is substantial evidence in support of the Carrier's finding
Form 1
Page 2
Award No. 9520
Docket No. 9537
2-C&NW-FO-'83
of responsibility. Mr. Gutierrez had received a prior Safety Reminder for not
wearing safety glasses while spray washing a locomotive on April 10, 1980. We
find that the discipline imposed is neither arbitrary, capricious nor excessive.
We will deny thi.3 claim.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
]~Q s~ma ie Brasch - Administrative Assistant
Dated at licago, Illinois, this 15th day-of June 1983