Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11946
SECOND DIVISION Docket No. 11703
90-2-88-2-230
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(The Baltimore and Ohio Chicago Terminal Railroad Company
STATEMENT OF CLAIM:
1. That the Baltimore and Ohio Chicago Terminal Railroad Company
arbitrarily and capriciously assessed Electrician Grajek discipline consisting
of thirty-five (35) days actual suspension as a result of hearing on May 19,
1987, and
2. That the Baltimore and Ohio Chicago Terminal Railroad Company
expunge all mention of the arbitrary and unjust discipline from Electrician
Gra,jek's record, and;
3. That the Baltimore and Ohio Chicago Terminal Railroad Company
compensate Electrician Grajek for all time lost as of result of the unjust
discipline.
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.
Claimant was employed by the Carrier as an Electrician at Riverdale,
Illinois.
On April 3, 1987, the Claimant was notified by the Carrier to appear
for a formal Investigation in connection with the following charge:
Form 1 Award No. 11946
Page 2 Docket No. 11703
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"You are charged with your responsibility, if
any, in connection with failure to properly blue
flag locomotive Unit No. 6718 on which you were
working at approximately 10:20 a.m. on April 3,
1987, in violation of the Safety Rules on No. 2
middle track at Barr Yard Enginehouse."
After one postponement, the Hearing took place on May 19, 1987. On June 4,
1987, the Carrier notified the Claimant that he had been found guilty of the
charge brought against him and was assessed discipline of 30 days' actual
suspension, which activated a five days' overhead suspension assessed against
Claimant's record on March 24, 1987. The 35 days' actual suspension began as
of June 5, 1987, and ran through and including July 9, 1987. Thereafter, the
Organization filed a Claim challenging his suspension.
This Board has reviewed the procedural arguments raised by the Organization, and we find them to be without merit.
This Board has also reviewed the evidence and testimony, and we find
that there is sufficient evidence in the record to support the finding that
the Claimant was guilty of failing to properly blue flag his workplace on the
date in question. The Claimant actually admitted that he "forgot" to display
the blue flag as required.
Once this Board has determined that there is sufficient evidence in
the record to support the guilty finding, we next turn our attention to the
degree of discipline imposed. This Board will not set aside a Carrier's imposition of discipline unless we find its action to have been unreasonable,
arbitrary, or capricious.
In the case at hand, the Claimant received a thirty-day suspension
which activated a five-day overhead suspension which had previously been
assessed against him. This Board finds that degree of discipline unreasonable
and excessive given the circumstances. The five-day discipline which was
activated was for excessive absenteeism. This was the Claimant's first discipline for a blue flag violation. Therefore, this Board finds that the
Claimant should have received a fifteen-day suspension plus the activated
five-day overhead suspension. This Board hereby orders that the thirty-five
day suspension be reduced to a twenty day suspension, and the Claimant should
be made whole for all movies lost as a result of the excessive discipline.
A W A R D
Claim sustained in accordance with the Findings.
Form 1 Award No. 11946
Page 3 Docket No. 11703
90-2-88-2-230
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
JJ. -Executive Secretary
Dated at Chicago, Illinois, this 28th day of November 1990.