Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13366
Docket No. 13300
99-2-97-2-73
The Second Division consisted of the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. That the Springfield Terminal Railway Company violated the terms
of
our current agreement, in particular Rule 13.1 when they
arbitrarily entered letters
of
discipline into the record and file
of
Carman Ernest E. Moulton without affording him a fair and
impartial hearing as required by our collective agreement.
2. That, accordingly, the Springfield Terminal Railway Company be
ordered to remove the letters
of
discipline from the personal file
of
Carman Ernest E. Moulton."
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. 13366
Page 2 Docket No. 13300
99-2-97-2-73
Parties to said dispute were given due notice of hearing thereon.
Claimant contends that the reasons for the temporary emergency closing of the
grit room as set forth in his Supervisor's letter of June 20, 1996, and as set forth in the
claim handling process by the Carrier, that said letters are formal reprimands levied
Claimant without his right to a fair and impartial Investigation.
The Carrier does not agree that the letters referred to by the Claimant as being
formal reprimands are, in fact, formal reprimands levied without the right of an
Investigation.
The Board agrees the Carrier's choice of words are harsh, but finds no indication
that such letters were entered into his file and/or placed in his work record. True, these
letters will, understandably, remain in a claim file, but they cannot be used in the
discipline process. If the letters, either letter, is in Claimant's file, it is to be removed
therefrom. Most assuredly, this Board does not condone the use thereof in any other
disciplinary action that has occurred or may occur. They are beyond letters of caution.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 23rd day of February 1999.