Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12884
Docket No. 12816
95-2-93-2-181
The Second Division consisted of the regular members and in
addition Referee Robert L. Hicks when award was rendered.
(International Association of Machinists
( and Aerospace Workers
PARTIES TO DISPUTE
(Consolidated Rail Corporation
STATEMENT OF CLAIM
"1. Consolidated Rail Corporation arbitrarily and
capriciously suspended Machinist W. T. Weyant
from service on July 21, 1992 following the
completion of a trial. He was reinstated to
service on February 2, 1993, but without being
made whole for wages and benefits lost.
2. Accordingly, Consolidated Rail Corporation
should compensate Machinist W. T. Weyant all
wages, including overtime, and benefits he
would have received had he not been unjustly
dismissed from service on July 21, 1992 and
continuing until he was reinstated on February
2, 1993, and expunge from his personal record
any and all reference to the charges,
investigation, etc. pertaining to the instant
dispute.
3. The Carrier violated the Agreement between the
parties when it discharged Machinist W. T.
Weyant from service effective July 21, 1992,
without due process, in an arbitrary and
capricious manner, and on a charge unproven.
As a result, the rules of the Agreement were
violated and particularly RULE N0. 4 -DISCIPLINE. Additionally, the Carrier
committed several procedural errors (a) by
failing to appraise Claimant of the precise
charge in their Notice of Trial: (b) by
failing to have pertinent witnesses present at
the investigation: and (c) by not having an
impartial Conducting Officer handle the
trial."
Form
1
Award No. 12884
Page 2 Docket No.12816
95-2-93-2-181
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 in the
meaning of the Railway Labor Act as approved June 21, 1934.
The division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
The charge was theft. The discipline was dismissal which
subsequently, in on-property handling, was reduced to a seven month
suspension.
Claimant admitted to Carrier witnesses (who testified at the
Investigation) that he had taken a certain article of Company
Material from the Carrier and had accepted, from another party, a
can of spray paint that he knew came from the Carrier.
The Claimant, during the Investigation, denied he made such a
statement. In this appellate forum, we do not judge the
credibility of witnesses. That judgement is better left with those
in attendance who could witness their decorum, their poise, etc.
The Organization raised several arguments on the property in
an effort to derail the discipline but each such argument was
adequately neutralized by the Carrier.
Based solely upon the material attached to and the evidence
adduced at the Investigation, Carrier's actions in this dispute
cannot be faulted. The discipline stands.
AWAR12 R~
Claim denied.
Form 1 Award No. 12884
Page 3 Docket No.12816
95-2-93-2-181
O R D E R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 17th day of May 1995.