Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12448
SECOND DIVISION Docket No. 12422
92-2-91-2-227
The Second Division consisted of the regular members and in
addition Referee Hugh G. Duffy when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE
:
(Union Pacific Railroad Company (formerly The Texas
( and :Pacific Railway Company)
STATEMENT OF CLAIM:
1. That the Texas and Pacific Railway Company (UP) violated the controlling agreement, particularly Rule 24(a) when they arbitrarily assessed a
permanent letter concerning injury reports of Electrician E. R. Guyden, to his
permanent personal file, which Mr. Guyden considers was unjust treatment.
2. That the Texas and Pacific Railroad Company (UP) be ordered to
cease and desist these actions and remove this letter from the permanent
personal life of Electrician E. R. Guyden, as per the requirements of the
Agreement and Rule 24(a). ,
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 called in for a Personal Safety Conference on September
19, 1990 with Carrier's Manager of Operations. The meeting was then memorialized in a Conference Letter to Claimant, a copy of which was placed in his
permanent personal file. The Organization contends that the letter constitutes discipline, and that Carrier is thus in violation of Rule 24 of the
Agreement, which provides for an Investigation prior to any disciplinary
action.
Form 1 Award No. 12448
Page 2 Docket No. 12422
92-2-91-2-227
The text of the letter in question reads as follows:
"On September 19, 1990 you attended a Personal
Safety Conference at Fort Worth Diesel Shop -
Director's office.
As you will recall, we discussed your personal
injury record and how you can avoid being injured
in the future. The purpose of this conference was
to make you aware of your injury experience and to
provide a review of the Safety Rules applicable to
your craft and their importance to you, your
family, and all railroad employees. We appreciate
your cooperation during the meeting and your com
mitment to follow safe work procedures.
We sincerely hope this meeting was beneficial
to you and will assist you in your effort to be a
safe, productive, and efficient employee.
If desired, additional safety training cover
ing any facet of your duties will be afforded you
upon request."
It is well established under previous decisions of the Board that a
conference letter does not constitute discipline provided the letter does not:
contain a definitive finding that~an employee committed an infraction. The
Board finds that the letter in this case is general in nature, and makes
neither accusations nor findings. We thus conclude that the letter is not
disciplinary in nature and that the Carrier has not violated the Agreement.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 30th day of September 1992.