Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9548
SECOND DIVISION Docket No. 8801
2-CR-EW-' 83
The Second Division consisted of the regular members and in
addition Referee Carlton R. Sickles when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under the current agreement Electrician Ha Lerch was unjustly
suspended for a period of ninety (90) days and thereby deprived
of his earnings during the suspension.
2. That the Consolidated Rail Corporation (Conrail) be ordered to
compensate Electrician H. Lerch, for all time lost, including
incidental overtime, all insurance, vacation and other benefits
because of the unjust suspension.
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.
Claimant was dismissed after hearing based upon an incident during which he
refused to perform work assigned to him, destroyed company property, left work
without permission, and used obscene language to a supervisor. The dismissal was
later reduced to a ninety-day suspension. A review of the record establishes that
the Claimant did perform the acts upon which the dismissal was based, that there
was testimony given at the hearing which, if believed, was sufficient to establish
these facts. This Board concludes that, in light of the reduction of the dismissal
to a suspension of ninety days, it does not find the disciplinary action excessive,
and the Board will deny the claim.
If the claimant felt that there were some improper statements to him, then
his recourse is to follow the grievance procedures. It is axiomatic in laborma.nagement relations that one must "comply now and grieve later". This, the claimant
failed to do and, therefore, will not-succeed with his claim.
The agreement was not violated.
A W A R D
Claim is denied.
Form 1
Page 2
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 13th day of July, 1983.
Award No. 9548
Docket No. 8801
2-CM-EW-'83
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division