Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13275
Docket No. 13212
98-2-96-2-133
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railway
STATEMENT OF CLAIM:
"That the Atchison, Topeka and Santa Fe Railway Company
(hereinafter referred to as the `Carrier') violated Rule 40 of the
Controlling Agreement, Form 2641-Std., as amended, between the
Atchison, Topeka and Santa Fe Railway Company and its employees
represented by the International Association
of
Machinists and Aerospace
Workers (hereinafter referred to as the `Organization') when it wrongfully
and unjustly issued a ten day deferred suspension to Chicago, Illinois
Machinist D. M. Grandolfo (hereinafter referred to as the `Claimant')
cited in violation of Carrier Rule 1.6 regarding his allegedly being involved
in an altercation during the second shift on November 3. 1995.
Accordingly, we request that for this improper discipline, all
records and reference to this matter be removed from his personal record.
Additionally, if this suspension resulted in any lost time for the Claimant,
we request that he be compensated for all lost time and benefits as
provided for in Rule 40(i) of the Controlling Agreement. as amended."
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.
Form 1 Award No. 13275
Page 2 Docket No. 13212
98-2-96-2-133
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
Claimant was suspended for ten days as a result
of
a formal Investigation held on
November 21, 1995. On November 3, 1995 Claimant was found to have violated Rule 1.6
which reads:
"Conduct
Employees must not be:
1. Careless
of
the safety of themselves or others
2. Negligent
3. Insubordinate
-t. Dishonest
5. Immoral
6. Quarrelsome
or
7. Discourteous"
rhcre is no dispute. from the record of the Hearing, that the Claimant and
another employee had a heated argument. including threats, swearing and spitting.
The Organization argues no blows were struck, ergo the ten-day deferred
suspension was unwarranted.
Quite to the contrary, based on the facts brought out at the Investigation the
Carrier was lenient in this case. This Board will not change the actions of the Carrier.
AWARD
Claim denied.
Form 1 Award No. 13275
Page 3 Docket No. 13212
98-2-96-2-133
ORDER
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 18th day of May 1998.