NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21026

THIRD DIVISION Docket Number SG-20788

Francis \. Quinn, Referee

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Chicago, Rock Island and Pacific Railroad Company

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Rail
road Signalmen on the Chicago, Rock Island and Pacific
Railroad Company:

Appeal of discipline assessed Signal Maintainer M. D, Stowe (thirty demerits) in connection with personal injury he received about 11:00 a.m., June 1, 1973, at Elk City, Oklahoma, with a request that his records be cleared of the discipline and his personal record be cleared of the so-called charges and any reference thereto. /Carrier File: PR - M.D, Stowe/

OPINION OF BOARD: The evidence of record in this case justified the conclu
sion that Claimant was not using his best judgment in con
ducting himself safely in compliance with Carrier's Safety Rules. The trans
cript of investigation further establishes Claimant was afforded a fair and
impartial hearing.

While the administration of disciplinary action should not seem haphazard or capricious, it is clear managerial discretion. We find no basis for an affirmative Award,

FINDINGS: The Third Division of the Adjustment Board, upon the whole record

and all the evidence, finds and holds:

That the parries waived oral hearing; e

That the Carrier and the EmplAres 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

~n By Order of Third Division

ATTEST:~!~ /~/I

Executive S cretary

Dated at Chicago, Illinois, this 31st day of March 1976.