NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21801
Herbert L. Marx, Jr., Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
( (Former Penn Central Transportation Company)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8189, that:
(a) The Carrier violated the Rules Agreement, effective
February 1, 1968, particularly Rule 6-A-1, when it assessed discipline
of 10 days' suspension, later reduced to 5 days' suspension, on R. J.
Jam rock, Clerk, Colehour Yard, Chicago, Illinois.
(b) Claimant Jamrock's record be cleared of the charges
brought against him on February 18, 1975.
(c) Claimant Jamrock be compensated for wage loss sustained
during the period out of service.
OPINION OF BOARD: The record shows that Carrier's decision to impose
a ten-day disciplinary suspension (subsequently
reduced to five days on appeal) of Claimant for failure to protect his
assignment on February 14, 1975, was not an abuse of managerial discretion.
The Board thus has no reason to interfere. Reference by the Carrier to
the Claimant's past disciplinary record was proper insofar as it related
to determination of degree of penalty.
The Board finds no procedural defects, as alleged by the
Organization, involved in the handling of Claimant's case.
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 22084 Page 2
Docket Number CL-21801
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 RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:,I/V~ I~
Executive Secretary
Dated at Chicago, Illinois, this 31st day of Ma;Y 1978.
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