NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20656
Robert A. Franden, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Missouri-Kansas-Texas Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The suspension of Extra Gang Foreman I. L. Sedlar from April
9 to May 8, 1973 (both dates inclusive) was without just and sufficient
cause and on the basis of unproven charges (System File 400-74/2579-23).
(2) The charge be removed from the claimant's record and the
claimant shall be paid for time lost - all in accordance with Article 23,
Rule 6 of the Agreement No. DP-357.
OPINION OF BOARD: Claimant was suspended from the service of the Carrier
for thirty (30) days for an alleged violation of Rules
C and I of the Carrier's operating rules.
Said rules read in part:
"Rule C. "Employes must be conversant with and obey the
rules and special instructions****."
"Rule I. "***All employes are expected to *** promptly
obey instructions from the proper authority in matters
pertaining to their respective branches of the service."
Said suspension was rendered subsequent to a properly held investigation.
In essence, the Claimant was disciplined for failure to follow the
Division Engineer's instructions to install certain rail anchors. The Claimant maintains that the ti
instructions on the day in question.
The record reflects that at the investigation sufficient evidence
of probative value was adduced from which a reasonable man could conclude
that Claimant was guilty of the offense charged. Under such circumstances,
we shall not substitute our judgment for that of the Carrier.
We have been urged to find that the punishment was excessive, notwithstanding the guilt of the C
position.
Award Number 20762 Page . 2
Docket Number MW-20656
FINDMS: 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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: I 1
Executive Secretary
Dated at Chicago, Illinois, this 18th day of July 1975.