NATIONAL RAILROAD ADJUST:,0IT BOARD

Award Number 21879

THIRD DMSIOI Docket Number CL-21347

Nicholas H. Zumas, Referee

(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Pittsburgh & Lake Erie Railroad Company

STATEDRERT OF CLALM: Claim of the System Committee of the Brotherhood, GL-7912, that:

(a) Carrier erred in administering discipline to Operator H. C. Funkhouser following a formal. investigation held at Struthers, Ohio on September 26, 1974.

(b) Carrier be required to correct its error by clearing Operator Funkhouser's record of the five day deferred suspension administered by letter over the signature of the Carrier's Transportation Superintendent and dated O 3, 1974.

OPINION OF BOARD: The entire thrust of the Organization's position
in this dispute is that the five-day record
suspension should be overturned because of procedural defects. A
careful examination of the record compels the conclusion that there is
no showing by the Organization that the procedural challenges have
merit.

It is further clear from the record that Claimant failed to comply with Operating Rule 108. If it were not for the alertness of the gang foreman, a serious accident would have occurred. The fiveday record suspension shall stand.

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;

Award Number 21879 Page 2

Docket Number CL-21347

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, 193'+;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

The Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: d0 /T~J~
Executive Secretary

Dated at Chicago, Illinois, this 31st day of January 1978.