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NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 21528
THIRD DIVISION Docket Number CL-21431
William G. Caples, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8041, that:
1. The Carrier violated the effective Clerks' Agreement when
it arbitrarily and capriciously assessed Clerk H. Bentley discipline in
the form of a sixty (60) day suspension from service despite the fact
that the investigation conducted on November 5, 1974, failed to sustain
the charges placed against him.
2. The Carrier shall now be required to clear Clerk H.
Bentley's record of any charge.
3.
The Carrier shall now be required to compensate Clerk
H. Bentley for all wage loss suffered as a result of his suspension
from Carrier service.
OPINION OF BOARD: The Claimant, a clerk, received a letter from the
Trainmaster, dated November 1, 1974, which advised
him:
"To arrange to report to the Trainmaster's office
. . . on November 5, 1974, for the purpose of
ascertaining the facts and determining your responsibility,
if any, in connection with Yard Clerk, T. Condon, being
absent from duty in the East Yard and leaving the property
beginning at about 9:05
P.M.,
October 22, 1974 while he
was working a
3:00
P.m. to 11:00 p.m. extra clerical
assignment.
If you desire a representative, please arrange."
Award Number 21528 Page 2
Docket Number CL-21431
An investigation was held on the date noticed, and testimony there
produced showed Claimant on October 22, 1974 had been assigned .a
designated work position from 3:00 P.m. to 11:00 p.m. "in the East
Yard Office." An extra yard clerk had been called for the same place
and hours to assist Claimant with the clerical work as several extra
yard crews had been called to work in the East Yard the night of
October 22, 1974.
At 9:05 P.m., the Trainmaster and the Road Foreman of
Engines entered the East Yard Office and found Claimant working
alone. On inquiry as to the whereabouts of the extra clerk, testimony
showed Claimant said "he had sent him" fthe extra clerk, Condo)
"home" and Claimant would accept all responsibility and "that he did
not want to see Mr. Condon get into any trouble." There is no
evidence Claimant reported Condon had left; there is evidence Condon
filed for 8 hours pay.
Claimant was assessed discipline of
60
days' suspension for
responsibility in connection with another employe being absent from
duty and leaving the property some two hours in advance of the end of
his duty.
The record discloses Claimant is an experienced employe
and it is reasonable to assume that if he did not in fact know, he
should have knowaJhe had not the authority as a yard clerk to let a
fellow clerk go home before the end of his tour of duty. Assessment
of discipline is justified on the record.
FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction
over the dispute involved herein; and
The Agreement was not violated.
Award Number 21528 Page 3
Docket Number C1-21431
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT HOARD
a4v- Ae~
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 19th day of May 1977.