NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20965
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Robert W. Blanchette, Richard C. Bond,
( and John H. McArthur, Trustees of the
( Property of Penn Central Transportation
( Company, Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-7729, that:
(a) The Carrier violated the Rules Agreement, effective
February 1, 1968, particularly Rule 6-A-1, when it assessed discipline
of "15 days suspended suspension, with any time lost attending the
investigation to apply as actual discipline" on Claimant Mrs. L. M. Conrad,
Clerk of the Perlman Yard, Selkirk, New York, Northern Region.
(b) Claimant Mrs. L. M. Conrad's record be cleared of the
charges brought against her on August 3, 1973.
(c) Claimant Mrs. L. M. Conrad be compensated for "any time
lost attending the investigation."
OPINION OF BOARD: Following an investigation on the property, Claimant
Conrad was assessed discipline of fifteen days'
suspended suspension with any time lost attending the investigation to
apply as actual discipline. During the progression of the resulting
claim, and without prejudice to Carrier's position in this case or any
other case, the Director-Labor Relations removed from Mrs. Conrad's
record the statement that she left her position under the guise of
sickness. This removal left the Carrier's description of claimant's
offense as failure to comply with a supervisor's direct orders. It became
evident that claimant did not lose any pay during the investigation.
Thus her discipline was limited to a fifteen-day record suspension.
Claimant's rights were not prejudiced by the investigation.
The evidence supports the finding of guilt. The discipline imposed upon
her was not unreasonable, arbitrary or in bad faith. A denial award is
warranted.
Award Number 21748 Page 2
Docket Number CL-20965
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.
N&TIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of October 1977.