NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MSX-19288
(William Evenger
PARTIES TO DISPUTE:
(REA Express, Inc.
STATEMENT OF CLAIM: This is to serve notice, as required by the rules of the
National Railroad Adjustment Board, of my intention to
file an ex-parte submission on covering an unadjusted dispute between me and
REA Express Inc. involving the question:
"I was accused on false charges by Mr. F. P. Stanton, Computer
Operations Supervisor and Mr. S. Farkas the Manager of the same
Department made himself a witness against me without being
present at the scene. I was assessed five (S) working days off
without pay."
OPINION OF BOARD: This is a discipline case in which Petitioner was given a
S-day suspension on charges of direct insubordination and
abusive language toward his immediate supervisor. He is requesting the Board
to reverse Carrier's decision and require Carrier to reimburse him for wage
loss sustained.
We have carefully reviewed the contents of the Record in this dispute
and have found that Carrier fully complied with the time limit provisions under
Agreement Rule 11, that the investigation on the charges was held in a fair and
impartial manner and that sufficient evidence was presented therein to substantiate the charges pref
We cite with approval Award 13179 (Dorsey):
"In discipline cases, the Board sits as an appellate forum.
As such, our function is confined to determining whether:
(1) Claimant was afforded a fair and impartial hearing;
(2) the finding of guilty as charges is supported by substantial
evidence; and (3) the discipline imposed is reasonable,
We do not weigh the evidence de novo. If there is material and
relevant evidence, which if believed by the trier of the facts,
supports the finding of guilt, we must affirm the finding."
We will deny the claim.
:.". .* _ -..I
Award Number 19310 Page 2
Docket Number MSX-19288
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, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of June 1972.
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