Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11818
SECOND DIVISION Docket No. 11675
90-2-88-2-187
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:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That in violation of the current Agreement, System Electrician
L. V. Doney was untimely and unjustly suspended from the service of the
Burlington Northern Railroad for a period of thirty (30) days, September 11
through and including October 10, 1987, following an unfair investigation held
on September 23, 1987.
2. That the investigation held on September 23, 1987 was not a fair
and impartial hearing as required by Rule 30(a) of the controlling Agreement.
3. That the Notice of Investigation failed to apprise Claimant of
all the charges against him as required by Rule 30 (c) of the Agreement.
4. That accordingly, the Burlington Northern Railroad be ordered to
compensate Electrician Doney for all wages, benefits, rights and privileges he
is entitled to under applicable laws, Rules or Agreements that were lost or
adversely affected by the thirty (30) day suspension. That the Burlington
Northern Railroad also remove all record of the subject investigation and
assessed discipline from Electrician Doney's personal 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.
Form 1 Award No. 11818 ,,
Page 2 Docket No. 11675
90-2-88-2-187
The record shows that at the time of the occurrence involved Claimant
was employed by the Carrier as an Electrician in the Seattle, Washington, area.
After proper notice to attend an Investigation on September 23,
1987, Claimant was assessed discipline of thirty days suspension, effective
September, 1987.
Upon review of the entire record, the Board finds that none of
Claimant's Agreement rights was violated; that the Investigation was properly
conducted and that the discipline imposed by the Carrier was not excessive,
arbitrary or in bad faith. We find and hold that the Claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: .
Nancy J. De y Executive Secretary
Dated at Chicago, Illinois, this 24th day of January 1990.