Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11877
SECOND DIVISION Docket No. 11777
90-2-89-2-91
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. Appeal of thirty (30) day suspension imposed on Electrician M. C.
Drewett by the Consolidated Rail Corporation on February 5, 1988, later reduced to a fifteen (15) day suspension.
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.
On February 5, 1988, the Claimant was assessed a thirty (30) day
suspension after a formal Hearing was held. The Claimant was charged with
leaving his place of duty without permission and falsely claiming time for
work (1 hour, 45 minutes). Solely on the basis of leniency, the Carrier
reduced the thirty (30) days suspension to fifteen (15) days.
The Board has reviewed the record. The preponderance of the evidence
indicates that the time which the Claimant is accused of leaving his assignment was spent cleaning sludge and hazardous material off his clothing. While
this Board is reluctant to disturb or interefere with disciplinary action
taken by a Carrier, it will do so when the Carrier's actions are not reasonably based. As that is the case, herein, the Board sustains the Claim and
grants the relief requested.
Form 1 Award No. 11877
Page 2 Docket No. 11777
90-2-89-2-91
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
71ancy J. e~r - Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1990.