Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11979
SECOND DIVISION Docket No. 11723
91-2-88-2-229
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(International Brotherhood of Firemen & Oilers
PARTIES TO DISPUTE:
(Chicago & Illinois Midland Railway Company
STATEMENT OF CLAIM:
1. Under the current controlling Agreement, Mr. L. Douglas,
Springfield, Illinois, was unjustly dealt with when suspended for a period of
twenty (20) days (May 2, 1988 through May 21, 1988), following a hearing held
on April 22, 1988.
2. That accordingly, Chicago and Illinois Midland Railway Company be
ordered to compensate Mr. Douglas for all time lost at the pro rata rate and
the mark removed from his 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.
Claimant was employed by the Carrier as a Laborer at its Car Repair
Shop at Springfield, Illinois.
On April 19, 1988, the Carrier notified the Claimant to appear for a
formal Investigation on the following charge:
'.
. . to develop the facts and determine your
responsibility, if any, in connection with the
incidents that led up to and including the alleged incident on April 15, 1988, when a car
was pushed from the Car Shop while men were
working underneath."
Form 1 Award No. 11979
Page 2 Docket No. 11723
91-2-88-2-229
The Hearing was held on April 22, 1988. On April 29, 1988, the Carrier
notified the Claimant that he had been found guilty of all charges and was
assessed discipline of 20 working days' suspension from service and 12 months'
probation effective May 2, 1988. On May 5, 1988, the Claimant filed a Claim,
with the assistance of the Organization, challenging his suspension. On May
13, 1988, the Carrier offered to adjust the Claimant's discipline, which the
Claimant rejected.
This Board has reviewed the evidence and testimony in this case and
we find that there is sufficient evidence in the record to support the finding
that the Claimant was guilty of negligence on April 15, 1988, when he pushed a
car under which men were working. The Claimant has admitted his wrongdoing.
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
type 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 was found responsible for a very
serious incident. He was assessed a 20 working days' suspension and 12
months' probation. Given the facts of this case this Board cannot find that
the action taken by the Carrier was unreasonable. Therefore, the Claim will
be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: 41e-
~Z
Nancy J. D
grx`-
Executive Secretary
Dated at Chicago, Illinois, this 16th day of January 1991.
100