NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10877
SECOND DIVISION Docket No. 10898
The Second Division consisted of the regular members and in
addition Referee Leonard K. Hall when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Consolidated Rail Corporation be ordered to remove the
formal letter of Reprimand assessed Machinist J. E. Goot, from
his service record in accordance with the provisions of Rule
7-A-1 (e) of the prevailing Agreement effective May 1, 1979.
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.
In this dispute the Claimant received a formal letter of reprimand
following a trial accorded him on February 2, 1983 in connection with his
failure to properly perform his duties on December 11, 1982.
The Transcript of the Trial discloses that the Claimant did not,
after inspecting the speed recorder tape and related components on Unit 6395,
sign and date the tape or replace it as stated in the provision cited against
him at the Trial. He testified that he did not replace the tape for he was of
the opinion that replacement was not required.
On December 15, 1982 the General Foreman inspected the speed recorder
and found that the tape had not been signed and dated. He signed, dated and
removed the tape; it was presented at the Trial as an Exhibit. All concerned
were given opportunity to examine the tape.
Form 1 Award No. 10877
Page 2 Docket No. 10898
2-CRC-MA-'86
Unit 6395 did not leave the terminal between the time the Claimant
made his inspection on December 11 and the time the General Foreman removed
it. It was estimated that between 700 and 800 miles remained on the tape
unused. It was also estimated that a full tape will run for approximately
3000 miles.
The Transcript indicates that if the tape is below 50-50 it should be
replaced. Still another
indication was
if one-third remains, it should be
replaced. The miles the locomotive unit would have traveled to its next
inspection terminal was not disclosed.
It appears that a standard has not been set for the guidance of the
personnel charged with responsibility for replacing the tape. Inherent in the
employer-employe relationship is the Carrier's right to set reasonable
standards and discipline those who do not meet those standards. However, the
employer has the responsibility to state its standards in specific terms which
may, of course, be changed to meet changed conditions, so the employes know
clearly the standards they must meet.
We believe the discipline to be excessive. The letter of reprimand
is to be removed from the Claimant's personal record.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 4th day of June 1986.