NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22335
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Chicago Terminal
( Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8489) that:
(1) The Carrier violated the terms of the Agreement between
the Parties when, on January 30, 1975, it imposed discipline of 5 days
actual suspension from service upon Utility Clerk James Saplis as a
result of an investigation held January 29, 1975, and
(2) The Carrier shall, as a result, be required to compensate
Mr. James Saplis five (5) days' pay at the rate of his position for
the period January 31 through February 4, 1975.
OPINION OF BOARD: Claimant was charged with conduct unbecoming an
employe. The charge involved keypunching of
commodity information on two cars of manure. Both loads were punched
in a CLIC format for computer entry with a well-known four-letter
slang word denoting manure. At the investigation Claimant denied
making the entry but it was brought out that his ID Code indicated
that the entries were his.
Claimant was given a 5-day suspension for the infraction.
Given the nature of the offense and taking into account other factors
of contemporary railroading and conduct, we feel that a 5-day
suspension was excessive. In our judgment, a reprimand would be an
appropriate penalty.
The discipline will be reduced to a reprimand and Claimant
shall be allowed compensation for wage loss while serving the 5-day
suspension, in accordance with Rule 47(a-6).
Award Number 22413 Page 2
Docket Number CL-22385
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 violated to the extent shown in
Opinion.
A W A R D
Claim sustained to the extent indicated in the Opinion and
Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 30th day of May 1979.