Award Number 17900
Docket Number MW-18386
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The dismissal of Machine Operator P.
w.
Bailey was without
just and sufficient cause and on the basis of unproven charges.
(System file L-63-T-67/Case No. 488)
(2) Machine Operator P.
w.
Bailey be reinstated with seniority and
all other rights unimpaired and that he be compensated for all
wage loss suffered in accordance with Rule 25 (i).
OPINION OF BOARD: This is a discipline case in which Claimant admitted: he had knowledge of and admitted violation of Safety Rule 4,
cited, relative to reporting an on-duty injury which he incurred, allegedly, on
August 17, 1957. His testimony:
"Report to your supervisor, as soon as possible any on-duty injury
in which you are involved and any off-duty emergency medical
treatment that you received. (Emphasis in original)
"Q. Division Engineer R. H. Peak: Do you feel that you lived up to
the rule in this case?
"A. Machine Operator P.
w.
Bailey: No, Sir, Mr. Peak, I don't.
(Emphasis added)"
Investigation was conducted on September 5, 1967. By letter dated September 22, 1967, Claimant was informed that he was found guilty of violating Rule 4; and, was dismissed from service.
In its handling of the case on the property Petitioner never questioned
Claimant's dismissal as being Carrier's right to assess discipline. In other
words it did not make issue of the merits. Instead it appealed the claim on
the basis that the penalty was excessive and entered a plea for leniency. The
plea was denied.
Whether a Carrier should grant leniency is its sole prerogative. Compare
this with our holdings that we do have authority to reduce a "penalty" if
we find it excessive. See our Award No. 6085. The entry of the plea for guilt
which becomes no longer open to question.
Having no jurisdiction as to whether Carrier should accept and act upon a
plea for leniency, we must, within the limits of our jurisdiction, deny the
Claim.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1984;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: S. $ Schulty
Executive Secretary
Dated at Chicago, Illinois, this 8th day of May 1970.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
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