NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-?1718
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATE11ENT OF CLAIM: Claim of System Board of Adjustment No. 218
(GL-8152) that:
1. Carrier violated the Agreement between the parties when
on September 24, 1975, Mr. S. L. Barlage was given ten (10) days actual
suspension from September 26, 1975, to October
6,
1975.
2. The Carrier's action was unjust and unreasonable.
3.
Carrier shall compensate Mr. Barlage for each day
held out of service with seniority and all other
rights unimpaired, plus twelve percent (12%) interest
on all monies due.
OPINION OF BOARD: Claimant was suspended for 10 days for operating a
company vehicle in a careless and reckless manner.
We have carefully reviewed the entire record in this case and
can find no violation of any of claimant's substantive or procedural
rights.
The hearing record contains more than substantial evidence,
including claimant's own testimony, to show that claimant did, in fact,
operate the Company vehicle in a careless and reckless
manner resulting,
in damage to the vehicle. Under the circumstances, the assessment of
a ten-day suspension was not an abuse of Carrier's discretion.
We find no basis on which to substitute our judgment for that
of the Carrier.
Award Number 21674 Page 2
Docket Number CL-21718
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 not violated.
A W A R D
Claim denied.
NATIONAL RAILRQkD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 31st day of August 1977.
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