NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number IIW-20961
Francis X. Quinn, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Conm<ittee of the Brotherhood that:
(1) The suspension of Grinder Operator S. L. Davis for thirty days
effective September 20, 1973 was without just and sufficient cause and on the
basis of unproven charges (Carrier's file MW-MOB-73-20).
(2) The provisions of the following quoted Rule 20(g) now be applied to the claimant:
"If the charge against the employe is not sustained,
it shall be stricken from the record. If by reason of such
unsustained charge the employe has been removed from position held, reinstatement will be made and p
for the assigned working hours actually lost while out of
the service of the railroad company at not less than the
rate of pay of position formerly held or for the difference
in the rate of pay earned, if in the service or otherwise
employed."
OPINION OF BOARD: The clear and uncontroverted facts are that the grievant
was observed by two Supervisors engaging in a grinding
operation with only safety glasses for eye protection. His helper was wear
ing proper safety goggles. The grievant was made fully aware of the fact
that safety glasses were not proper eye protection for the performance of
the instant work. Yet, within the period of time it took for the Super
visors to instruct claimant and to return to him with safety goggles, he
ignored their instructions and operated the machine without prescribed eye
protection. There was basis for discipline.
A complete review of the record however indicates that thirty
days suspension was excessive. We will reduce the discipline imposed to
fifteen (15) days.
Award Number 21078 Page 2
Docket Number MW-20961
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 Agreement was violated in part.
A W A R D
Claim sustained in part. Discipline imposed is reduced to fifteen
(15) days.
NATIONAL RAILROAD ADJUSTMENT BOARD
'~ By Order of Third Division
' ATTEST: I
xecutive Secretary
Dated at Chicago, Illinois, this 19th day of May 1976,