Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9828
SECOND DIVISION Docket No. 9820
2-C&NW-FO-'84
The Second Division consisted of the regular members and in
addition Referee Robert t.J. McAllister when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. Under the current controlling Agreement, Mr. T. L. Jones Laborer,
Chicago, Illinois, was unjustly dealt with when suspended for a period
of thirty (30) days, September 19; 1981 through October 19, 1981,
following hearing held on September 9, 1981.
2. That accordingly, the Chicago Northwestern Transportation Company be
ordered to compensate Mr. Jones for all time lost at the pro rata rate:
and the mark removed 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 employes 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 August 27, 1981, T. L. Jones, the Claimant, was assigned as a fuel truck;
driver at the Carrier's Proviso Yard. On that day, the Claimant's vehicle became
stuck in mud up to its axles. As a result of that occurrence, he was directed to
attend an investigation in connection with his charged "responsibility for
mishandling of Company equipment". The Organization does not believe the evidence
adduced at the investigation support the Carrier's finding of guilt. The Claimant,
according to the Organization, had only been on the truck driving job for three
weeks and had never traveled that route before. The Organization asserts the
Claimant, unfamiliar with the area, became confused and, rather than risk an
accident attempted to turn the truck around.
On the contrary, this Board finds the record materially supports the Carrier.
The road was properly marked. Driving the fuel truck off the road was a negligent
act. We, therefore, find the weight of the evidence supports the Carrier's
actions, and we will not disturb the penalty assessed.
Form 1 Award No. 9828
Page 2 Docket No. 9820
2-C&NW-FO-'84
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: E',
Nancy .~er - Executive Secretary
Dated at Chicago, Illinois, this 7th day of March, 1984.
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