Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11293
SECOND DIVISION Docket No. 11306
2-C&NW-EW-'87
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. That the Chicago & North Western Transportation Company violated
the controlling Agreement dated July 1, 1921, as amended, specifically Rule
35, when they suspended Electrician Allie Burns, regularly employed at the
M19A Diesel Ramp, for thirty (30) days after an investigation in which Carrier
failed to sustain its charges.
2. That the Chicago & North Western Transportation Company be
ordered to compensate Electrician Allie Burns for all wages lost, insurance,
pension, vacations and any other benefits lost due to this arbitrary action of
the Carrier.
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.
At the time of the occurrence giving rise to the dispute herein
Claimant was employed as an Electrician at Carrier's M19-A Diesel Shop in
Chicago. The Carrier states that about 8:10 A.M., April 25, 1985, Claimant
was instructed by the Foreman to perform certain work, which Claimant
questioned the Foreman as to why another Electrician never had to do that type
of work. Shortly thereafter Claimant was observed standing near his locker,
with a yellow garbage can nearby, tearing pages out of technical manuals and
throwing them in the garbage can. Claimant was observed by two Foremen, who
later recovered schematic diagrams and maintenance manuals from the garbage
can. On April 26, 1985, Claimant was instructed to attend a formal Investigation, scheduled for 10:00 A.M., May 2, 1985, on the charge:
"Your responsibility, if any, in connection with
the destruction of Company property on April 25,
1985 at approximately 8:30 A.M."
Form 1 Award No. 11293
Page 2 Docket No. 11306
2-C&NW-EW-'87
The Investigation was postponed and conducted on May 17, 1985. A
copy of the transcript has been made a part of the record. On May 30, 1985,
Claimant was assessed discipline of a suspension of thirty days.
The transcript of the Investigation contains substantial evidence in
support of the charge that Claimant did destroy Company property on April 25,
1985, without authority. While there were conflicts between the testimony of
Claimant and supervisory personnel, it is well settled that the Board does not
weigh evidence, attempt to resolve conflicts therein, or pass upon the credibility of witnesses. Neither do conflicts in testimony warrant disturbing
Carrier's disciplinary action.
The discipline imposed by the Carrier was not arbitrary, capricious,
or in bad faith.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attes .
Nancy ~ver - Executive Secretary
Dated at Chicago, Illinois, this 1st day of July 1987.