NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket :umber SG-19594
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago and North Western Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Chicago and North Western Railway Company
that:
(a) On or about September 30, 1970, the Carrier violated the current Signalmen's Agreement, particul
on file with Mr. H. W. Radl's personnel record an official notification of a
Rule Violation.
(b) The Carrier now remove this notification and no mention of it
be placed in his personnel record, _because of this alleged rule violation.
/Carrier's File: 79-8-64/
OPINION OF BOARD: Under date of October 30, 1970 Carrier served upon Claimant
a NOTIFICATION OF VIOLATION (Form No. 1111) which, insofar
as here pertinent, reads:
"THIS IS AN OFFICIAL NOTIFICATION THAT YOU VIOLATED A RULE. THE SPECIFIC
VIOLATION WAS:
Re or Rule No 1071 Operating motor car without usinft rail sweeps.
THIS NOTICE WILL BE PLACED ON FILE WITH YOUR PERSONNEL RECORDS.
COPIES ALSO WILL BE KEPT BY YOUR SUPERVISOR AND DIVISION SUPERINTENDENT."
On October 16, 1970, organization filed claim that when Carrier placed a copy
of the Notification of Violation in Claimant's personnel file without conducting
an Investigation as prescribed in, Rule 60 - INVESTIGATION AND DISCIPLINE - of
the Agreement, Carrier violated said Rule.
Our Award No. 19713 involved the same parties, Agreement, arguments,
and pivotal issue as in the instant dispute. For reasons stated in Award
No. 19713; and finding nothing to support a holding of reversible error, we
will deny the instant 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;
Award Number 20087
Docket Number SG-19594
Page 2
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, 1932;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That Carrier did not violate the Agreement.
Claim denied.
ATTEST:
-64zze
Executive Secretary
Dated at Chicago, Illinois, this 11th day of
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
January 1974.
Dissent to Award No. 20087, Docket No. SG-19594
See
our
Dissent to Award No. 19713.
Our
position has not changed.
y
W. 'vl. Altus,
Jr.
Labor
::ember