Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12471
SECOND DIVISION Docket No. 12431
92-2-91-2-242
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
(former Texas & 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 Claimant P. A. Buccieri, to
his permanent personal file, this adding to twelve (12) letters, or forms
which where unknown to exist in this file, which Electrician P. A. Buccieri
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, and twelve (12) other
letters, or forms from the permanent personal file of Electrician P. A.
Buccieri, 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.
A Personal Safety Conference was held with Claimant on April 12,
1990, by Carrier's Manager of Operations. A Conference Letter summarizing the
meeting was then sent to the Claimant, and a copy of the letter was placed in
his permanent personal file.
Form 1 Award No. 12471
Page 2 Docket No. 12431
92-2-91-2-242
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. It also alleges certain procedural defects in Carrier's handling of this matter; however, the
Board concludes that these procedural objections are not well-founded and we
will proceed directly to the merits of the claim.
The text of the letter in question reads as follows:
_ "On April 12, 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 the 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 commitment 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 covering
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 Carrier has not
violated the Agreement.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
K"00
cy J. -Executive Secretary ,~v
Dated at Chicago, Illinois, this 28th day of October 1992.