Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13515
Docket No. 13422
00-2-99-2-15·
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 S. M. Becker thirty (30) days suspension per Rule 6-A-4 (b) (1),
following trial held on January 22, 1998. (Thirty days deferred
suspension)
Accordingly, Machinist S. M. Becker 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. 13515
Page 2 Docket No. 13422
00-2-99-2-15
The facts in this case are identical to the facts set forth in Second Division Award
13513 the only difference being the Claimant smashed the clock in a vice, a fact he
readily admitted.
What is said in Second Division Award 13513 regarding the meeting with
supervision is applicable to this dispute.
The Claimant, at the time
of
the Investigation, had a disciplinary-free five year
relationship with the Carrier. The discipline will be reduced to a record entry
containing reference only to Rule 4012(d).
If
Claimant has lost any time because of the discipline assessed in this dispute, he
is to be compensated therefore as provided in the Schedule Agreement.
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.