Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12760
' Docket No. 12638
94-2-93-2-2
The Second Division consisted of the regular members and in
addition Referee Elizabeth C. Wesman when award was rendered.
(International Brotherhood of Electrical
( Workers
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Western Lines)
STATEMENT OF CLAIM: "Claim of the Brotherhood:
1. That under the current Agreement, Mechanical
Department Electrician C. T. Cross was
unjustly treated when he was suspended from
service for a period of two (2) days beginning
March 20, 1992 though and including March 21,
1992, following investigation for alleged
violation of portions of Rule 1007 of the
General Rules and Regulations of the Southern
Pacific Transportation Company (Western
Lines).
2. That, accordingly, the Southern Pacific
Transportation Company be ordered to
compensate Electrician C. T. Cross for all
lost wages due to the two (2) day suspension,
with all rights unimpaired, including service
and seniority, vacation, payment of hospital
and medical insurance, group disability
insurance, railroad retirement contributions,
and loss of wages to include interest at the
rate of ten percent (10$) per annum."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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.
Form 1 Award
No.
12760
Page 2 Docket
No.
12638
94-2-93-2-2
Parties to said dispute waived right of appearance at hearing
thereon.
At the time this dispute arose, Claimant was assigned as a
Electrician in Carrier's Mechanical Department in Roseville,
California. By letter of February 26, 1992, Claimant was notified
to appear for a formal hearing
"... to develop the facts and place responsibility, if
any, in connection with your .failure to complete your
assignment concerning the C.S. 2326 Inspection Form
concerning SP Locomotive 7376 on February 4, 1992 noting
corrective action undertaken under that heading. This
may be a violation of Rule 1007; Conduct of the Safety
and General Rules for all employees that part reading:
"Indifference to duty, or the performance of duty,
will not be condoned
....I'll
It is undisputed on this record that Claimant's notations and
signatures on the FRA Form at issue were illegible. At the
Investigatory hearing, Claimant's sole defense was that other
employees were responsible for doing the work noted on the
form.
He did not dispute his supervisor's testimony that submission of a
form, portions of which were illegible, could result in a
locomotive being allowed to leave the Mechanical Department without
some necessary repairs being performed.
In light of the potential operating and FRA problems
associated with careless completion of the C.S. 2326 Inspection
Form, the Board does not find Carrier's assessment of a two-day
suspension to be excessive.
AWARD
Claim denied.
O R D B R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
Form 1 Award
No.
12760
Page 3 Docket
No.
12638
94-2-93-2-2
NATIONAL RAILROAD ADJUSTMENT BOARD
By order of Second Division
Dated at Chicago, Illinois, this 13th day of October 1994.