Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11875
SECOND DIVISION Docket No. 11772
90-2-89-2-83
The Second Division consisted of the regular members and in
addition Referee Joseph S. Cannavo, Jr. when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
1. That the Consolidated Rail Corporation (Conrail) violated the
current agreement when on January 20 and 28, 1988 Electrician M. C. Drewett
was not afforded a fair and impartial hearing at Enola, Pennsylvania.
2. That the Consolidated Rail Corporation (Conrail) violated the
current agreement when on March 28, 1988 Electrician M. C. Drewett was
improperly suspended for thirty-five (35) days (time out of service) at Enola
Locomotive Terminal, Enola, Pennsylvania.
3. That Electrician M. C. Drewett be compensated for all lost wages,
rights and benefits account of the improper suspension, to be made whole anal
the records cleared.
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 were given due notice of hearing thereon.
The Claimant was employed as a Maintenance Electrician at the
Carrier's Enola Locomotive Terminal, Enola, PA. On December 15, 1987, the
Claimant sustained an injury while removing a bindicator allegedly because he
did not first bleed the air out of the bindicator. Consequently, Claimant was
sent a Notice of Trial, which trial was held on January 20, 1988. The Claimant was charged with: 1) being accident prone; and 2) failure to safely
perform his assigned duties. Following the trial, Claimant was notified that
he was "dismissed in all capacities." Appeal of the discipline was made to
the Manager - Labor Relations on February 29, 1988. On March 28, 1988, they
Manager removed the first charge but found that the Claimant was guilty of the
second charge. He modified the dismissal to a 35 day suspension.
Form 1 Award No. 11875
Page 2 Docket No. 11772
90-2-89-2-83
The thirty-five day suspension was for the Claimant's alleged
negligence that caused an injury without lost time. This Board adopts the
long standing principle that discipline should be corrective and not punitive.
Considering the minor consequence of the Claimant's action, the Carrier's
response should have been instruction, not suspension.
Upon our review of the record, the Claim is sustained. The Claimant
is to be made whole for all lost wages and benefits incurred by the suspension.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J.
v9cY
- Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1990.