Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13758
Docket No. 13551
03-2-00-2-21
The Second Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. Springfield Terminal Railway Company violated Rule 15 of the
controlling Agreement, effective June 1, 1995, as amended,
when by letter dated June 16, 1999 the Carrier arbitrarily,
capriciously and unjustly suspended Machinist Phil Davis for
three (3) calendar days after an investigation held on May 20,
1999.
2. Accordingly, the decision should be reversed, Machinist Davis
exonerated of the charge(s), his record and personnel files
cleared of any reference thereto. And he be made whole for
any and all losses suffered as a result of Carrier's arbitrary,
capricious and unjust actions, including, but not limited to time
spent at formal Investigation/Hearing of May 20, 1999:'
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
Form 1 Award No. 13758
Page 2 Docket No. 13551
03-2-00-2-21
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.
As a result of charges dated May 5, 1999, Investigation held on May 20, 1999,
and by letter dated June 16, 1999, the Claimant, a Machinist at East Deerfield, was
assessed a three day suspension for altering Carrier property and creating a
potentially hazardous situation on April 27, 1999.
The record shows that on April 27, 1999, the Claimant was assigned to service
locomotives on the fuel island. The Claimant was observed fueling with a set of
channel locks wedged in the fuel nozzle handle which had the effect of nullifying the
automatic shut off which prevents spills by detecting back pressure when the fuel
tank is full. Tr. 6-11. The Claimant admits that he was observed using the channel
locks in that fashion. Tr. 83.
Rule 36 of the Safety Rule Book states that "Employees are prohibited from
altering, nullifying, changing design or in any manner restricting or interfering with
the normal intended function of any device or equipment, locomotives, cars, or
other railroad property." Substantial evidence therefore shows that by using the
channel locks in the fashion shown on April 27, 1999, the Claimant violated that
Rule.
Under the circumstances, we cannot find that a three day suspension was
arbitrary.
AWARD
Claim denied.
Form 1 Award No. 13758
Page 3 Docket No. 13551
03-2-00-2-21
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 1st day of October 2003.