Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13514
Docket No. 13421
00-2-99-244
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
:
"Consolidated Rail Corporation arbitrarily and capriciously assessed
Machinist M. J. Swan thirty (30) days suspension per Rule 6-A-4 (b) (1),
following trial held on January 22, 1998. (Thirty days deferred
suspension)
Accordingly, Machinist M. J. Swan should have his record cleared of any
reference to the charges, as if the unjust discipline had not been imposed,
and removal of the thirty (30) days deferred suspension."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 13514
Page 2 Docket No. 13421
99-2-99-2-14
It has been noted that certain irregularities appear in the Submissions that violate
Circular No. 1
of
this Board. However, our review will be based solely upon the
transcript and the on-property exchange of correspondence.
The basic facts in this case are almost identical to those outlined in Second
Division Award 13513. The only difference being that the Claimant used a vice to smash
his safety incentive clock during his paid lunch hour, a fact Claimant readily admits.
What has been said in Second Division Award 13513 concerning the meeting with
supervision is applicable to this dispute.
The Claimant in this case had, as
of
the Investigation, a five year, disciplinaryfree relationship with the Carrier. Under these circumstances, the discipline is reduced
to a record entry pertaining only to a violation of Rule 4012(d). If the Claimant has lost
any time because of the discipline Carrier assessed in this case, he is to be compensated
therefore as provided in the Schedule.
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 Claimants) 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 15th day
of
May, 2000.