NATIONAL. RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21747
Robert W. Smedley, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:'
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Trackman M. E. Schroeder on May 9, 1975
was without just and sufficient cause and on the basis of unproven
charges (System File B-1467).
(2) The charge shall be stricken from the claimant's record
and he shall be allowed payment as stipulated in Agreement Rule No. 91
(b) (6).
OPINION OF BOARD: The record shows that claimant was dismissed from
Carrier's service on May 9, 1975 for not promptly
reporting an alleged personal injury. He was restored to service on
August 4, 1975. The claim before the Board is for pay for time out of
service.
We have carefully reviewed the entire record in the dispute.
We do not agree with the position of the Petitioner that the investigation
was conducted in such a manner as to be prejudicial to claimant. The
record of the investigation indicates that the supervisor conducting it
did bear down hard in his questioning. However, he was thorough and we
should not confuse detailed persistent questions with prejudice. See
Second Division Award 6381.
Discipline was warranted; however, in our considered opinion
suspension beyond thirty days was not justified. We will award that
claimant be paid for all time lost in excess of thirty days, or from
June 8, 1975, computed in accordance with Rule 91(b)6.
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;
Award Number 21695 Page 2
Docket Number MW-21747
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the.discipline imposed was excessive.
A W A R D
Claim sustained to the extent indicated in Opinion and
Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive, Secretary
Dated at Chicago, Illinois, this 31st day of August 1977.
SEP 23 1977
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