NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
N'.d-22067
Dana E. Eischen, Referee
(Brotherhood of ;.1aintenance of Way Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STAT&MENT
OF CLAI24: "Claim of the System Committee of the Brotherhood
that:
(1) The suspension of Laborer Jimmy F. Wooten from
January
6, 1976
to February
17, 1976
for his alleged failure to protect
his assignment on January
5, 1976
was without just and sufficient cause
and extremely disproportionate to the offense with which he was charged
(TRRA
1976-11).
(2)
The benefits and privileges stipulated within Agreement
Rule 24(d) shall now_.be applied to the claimant."
OPINION OF BOARD: In this case, Claimant Jimmy Wooten was suspended
from service and following,<a hearing on a charge
of being absent without proper authorization on January
5, 1976, was
assessed discipline of twenty-eight (28) workdays.
From our careful review of the entire record in this case,
we find that Claimant Wooten has received all of the due process
rights to which he is entitled under the Rules Agreement. The Leering
contains sufficient evidence to support the conclusion reached by
Carrier that discipline was warranted. However, it is our opinion that
a twenty (20) workday suspension, under the facts of this case, would
be commensurate to the offense, and it is so ordered.
BINDnGS:- The--Third Division of the Adjustment Board, upon the whole
record .and,all `,.he evidence, finds and holds
Tf.~at the parties waived oral hearing;
'That the Carrier and the Employes involved in this dispute
are respectively Carrier and Zmoloyes within the meaning of the Railway
Labor. Act, as apprswded June 21,
1934;
Award Number 22174 Page 2
Docket Number MW-22067
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the discipline was excessive.
A W A R D
Claim sustained to the extent indicated in the CDlnion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
P44~Al~
Executive Secretary
Dated at Chicago, Illinois, this 31st day of August
1978.
RE
031
CEI VED
SEP 2 2 1978
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