The Second Division consisted of the regular members and in addition Referee Martin H. Malin when award was rendered.
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. 13421
On August 14, 1996, Claimant was notified to appear for an investigation on September 5, 1996. The notice charged Claimant with being an unsafe employee as shown by his safety record from August 1995 through August 1996. Following two postponements, the hearing was held on September 20, 1996. On October 7, 1996, Claimant was advised that he had been found guilty of the charges and that he was assessed a five day suspension.
The entire case against Claimant was based on his accumulation of 15 failed STOPS during the period August 1995 to August 1996, as compared to an average of 5.7 for employees in the shop. STOP stands for Safety Training Observation Procedure. The STOPS were issued without any investigation.
Carrier's practice of issuing STOPS was before this Board in Award 13403. There we observed that STOPS cite employees with specific rule violations. We held that, as such, they went beyond mere counselling and constituted discipline. We further held that, as discipline, they could not be issued without notice and a hearing.
The STOPS in the instant case are no different than those presented in Award 13403. Accordingly, we hold that their issuance without a hearing was improper and in violation of the Agreement. A fortiori, they may not be used as the basis for a finding that Claimant repeatedly violated safety rules, warranting a five day suspension. Because the discipline was based exclusively on the improperly issued STOPS, the discipline cannot stand and the claim must be sustained.
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.