(Brotherhood of Railway, Airline and Steam( ship Clerks, Freight Handlers, Express ( and Station Employes PARTIES TO DISPUTE: (George P. Baker, Richard C. Bond, and Jervis ( Langdon, Jr., Trustees of the Property of ( Penn Central Transportation Company, Debtor

(a) The Carrier violated the Rules Agreement, effective February 1, 1968, particularly Rule 6-A-1, when it assessed discipline of 15 days record suspension on D. A. Chmielewski, Car Control Clerk, Livernois Yard, Detroit, Michigan, Detroit Division, Northern Region, and caused him to serve a ten day actual suspension on a prior record suspension.

 (b) Claimant D. A. Chmielewski's record be cleared of the charges brought against him on January 11, 1972.

 (c) Claimant D. A. Chmielewski be compensated for wage loss sustained during the period out of service, plus interest at the rate of 6% per annum compounded daily.

 OPINION OF BOARD: This is a discipline case arising from the same
 unauthorized work stoppage that was involved in Award 20143. As in the other award, the Claimant here was charged with participating in an unauthorized work stoppage and being observed walking a picket line. Follow guilt, the Carrier assessed this Claimant a 15 day record suspension which resulted in a 10 day actual suspension on a prior record suspension.

 As in Award 20143, and for the same reasons,. we find no procedural due process deficiencies herein, and, accordingly we shall proceed to the merits of the discipline.

 The hearing testimony showed that, between 6:10 a.m. and 8:00 a.m., on January 3, 1972, an unauthorized work stoppage occurred at Carrier's River ,Rouge Yard office, Detroit, Michigan. (Award 20143 shows the work stoppage as occurring between 6:30 a. m. - 8:20 a.m., but this discrepancy concerning time is of no consequence.) Claimant drove his car to work on January 3, 1972, arriving at the north gate of Livernois Avenue at about 7:30 a.m. to protect his regular position of car control clerk which began at 7:30 a.m. in Building Number 4. His testimony on his whereabouts and activities is as follows:


"MR. MILLER (HEARING OFFICER) TO MIL. CHMIELEWSKI
Q. Mr. Chmielewski, at approximately 7:47 a.m. January 3, 1972, were you at the north gate of Livernois Avenue?

 A. I was at the north gate of Livernois Avenue.

 Q. And what were your activities at this time?

 A. Approximately 7:47 I was sitting in my car inside the north gate at Livernois Avenue.

 Q. Mr. Chmielewski, what time did you report for work that morning?

 A. I reported for work at 7:30, but there were picket signs and I didn't get into Building 4 until approximately between 7:50 and 7:55.

 Q. Mr. Chmielewski, did you at any time participate in a work stoppage?

 A. I didn't cross a picket line.

 Q. Did you join the picket line?

 A. No.

 Q. Did you carry a sign?

 A. No, I didn't.

 Q. Mr. Chmielewski, did you get out of the car?

 A. At approximately what time? Eventually, I did get out of my car.

 Q. When's the first you got out of your car? What time?

 A. When the picket signs came down.

 Q. At what time was this? Approximately.

 A. Approximately 7:50.










The Carrier's evidence as to Claimant's whereabouts came from Mr. James Lauzon, Supervisor Yard Procedures, and Mr. George Packer, Detroit Division Supervisor of Crew Assignments. Mr. Lauzon's testimony showed that Claimant was not at his duty station at 7:30 a.m., but he had no knowledge of Claimant's activities during the work stoppage. Mr. Packer's testimony, i




























                "Q, Did you see him in a line?


                A. Yes, sir. He was with the 30 or 40 people outside the main gate. It was right at the entrance, and they were congregating blocking the drive entrances.


                Q. Mr. Packer, would you describe what activities you say you saw Mr. Chmielewaki doing?


                A. Yes. Mr. Chmielewski was standing at the drive area with three, possibly four, other individuals close to him, and during the two or three minutes he was standing there they wandered around and in front back and forth of the drive area to Livernois Avenue.


                Q. Did you at any time see Mr. Chmielewski in his car?


                A. No, sir. Not at all.


                Q. And from what period of time were you at this location?


                A. Roughly, it was between 7:45 and 7:50.


                Q, Was Mr. Chmielewaki there when you arrived?


                A. Yes, he was and he was also there when I left."


          It is clear from the foregoing that, while Claimant admitted not crossing a picket line, he made a strong denial of the charge made against him. It is also clear that Mr. Lauzon's testimony failed to link Claimant to the charged offense and, thus, Carrier's case depends solely upon Mr. Packer's testimony. He, Mr. Packer, stated the general conclusion that Claimant was "participating" with thirty to forty clerks in the unauthorized work stoppage; however, the specifics he gave simply do not support his conclusion. His testimony on specifics placed the Claimant among a group of five persons who, for about three minutes, were standing at and wandering around the drive area to. Livernois Avenue. This testimony does not even describe a picket line, much leas place Claimant in one. Consequently, even when viewed in its most favorable light and taken as completely true, the Carrier's evidence is too generalized, vague, and uncertain claim in its entirety, except that interest is not allowed.


i
              Award number 20151 Page 5

              Docket Number CL-20160


        FLNDINGS: The Third Division of the Adjustment Board, upon the whole record a%c; all the evidence, finds and holds:


        That t!ie parties waived oral hearing;


That t;:e Carricr and the Employes involved in this dispute Pre respect'.vely Carrier and l;m the Pailway La"cr Act, as approved lure 21, 193;
That t:iis Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
        The Agreement was violated.


                  A !T A F r)


        Claim sustained, except that interest is not allowed.


                      NATIONAL RAT?RCAD ART11CT~MwT 1c,napn

                      .".y Order of T::ird DiviSiGlll

ATTEST:, 4/e

        E:;ecu~ive Secretary


Dated at Chicago, Illinois, this 28th day of February 1974.