NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22149
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Georgia Southern and Florida Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8381) that:
Carrier violated the agreement on May 12, 1975, when it
unjustly suspended Claimant B. G. Scarborough, Agent-Operator, Hahira,
Georgia, from the service of the Company commencing Monday, May 12,
1975, to and including July 19, 1975, a period of 60 calendar days.
For this violation, the Carrier shall now compensate
Claimant B. G. Scarborough, Agent-Operator, Hahira, Georgia, by
paying him for all time lost as a result of this unjust discipline,
44 work days, $1,770.12.
OPINION OF BOARD: In this dispute Claimant was suspended for a
period of 44 working days following an
investigation. At the outset Petitioner objects to the manner in
which the matter was handled on a procedural basis: 1. Claimant
was given a charge which was vague, indefinite and prevented his
preparing an adequate defense. 2. The investigation was not held
in a fair and impartial manner. It must be noted that there was no
objection whatever at the hearing either to the framing of the
charge or the conduct of the hearing. It is well established that
objections which are not timely made at the hearing are deemed to
have been waived (see Awards 16121 and 21102 among a host of others).
It is also abundantly clear that Claimant was prepared and indeed
did mount a defense at the investigation. The procedural objection
must be rejected.
With respect to the merits, there is little question
concerning the facts. Claimant, by his own admission in addition
to testimony of Carrier officials, did leave his office without
securing the required permission; he left the office unlocked and
unattended, contrary to rules, for at least an hour and forty-two
minutes; and he allowed two friends and a Carrier customer to store
Award Number 22238 Page 2
Docket Number CL-22149
merchandise in an unused station without authority and with full
knowledge that Carrier had rejected prior requests by the same
parties to store material in the station on a leased basis. The
only difference in the factual aspect of the dispute is Claimant's
insistence that his motives were pure.
It is evident that Claimant was properly found guilty of
the charges by Carrier. The quantum of discipline assessed was
neither arbitrary, capricious nor excessive under the circumstances
and in the absence of such showing with respect to the discipline,
we will follow the long line of awards holding that we may not
substitute our judgment for that of Carrier.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon,
and upon the whole record and all the evidence, finds and holds:
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.
J
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:·
~·
i I~
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1978.
Award Number 22237 Page 3
Docket Number CL-22147
A W A R D
Claim sustained, in part, as indicated in the Opinion.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of November
1978.