NATIONAL. RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22641
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8613) that:
1. Carrier acted in an arbitrary, capricious, discriminatory
and unjust manner when on February 6, 1976, it disqualified
Keypunch
Operator W. R. Bell as a Keypunch Operator in Computer Services, Roanoke,
Virginia.
2. Carrier further acted in an arbitrary, capricious, discriminatory and unjust manner wh
June 3 and 7, 1977, it ruled that Keypunch Operator W. R. Bell had not
been unjustly treated and permit the disqualification to stand.
3. Carrier shall now be required to remove and expunge the
disqualification dated February 6, 1976, from the record of Keypunch
Operator W. R. Bell.
4. Carrier shall
further be
required to place Keypunch Operator
W. R. Bell back into the Keypunch Section, Computer Services, Roanoke,
Virginia, forthwith, should he so desire to return to that location.
5. Carrier shall further be required to pay Keypunch Operator
W. R. Bell the difference is the rate of pay he would have earned as a
Keypunch Operator in Computer Services, Roanoke, Virginia and other
positions held by him, February 6, 1976, forward.
OPINION OF BOARD: The Claimant was advised that he was disqualified as
the
Keypunch Operator
on Position No. 197.
The employe requested an "unjust treatment" hearing, which was
denied. Thereafter, a Public Law Board held that the employe was
entitled to such a hearing, and it was conducted,
Award Number 22730 Page 2
Docket Number CL-22641
Subsequent to the hearing, the Carrier determined that the
evidence submitted did not support the charge of "unjust treatment and
discrimination."
We have noted a procedural argument presented by the Employes,
however we feel that the case is properly disposed of on its merits.
There is evidence of record to demonstrate that the employe
was aware of the percentage minimum which was an accepted standard, and
moreover, there is evidence that the employe's Keyplex Machine was
"inoperative" for a significant amount of time.
The Claimant suggests that he has been singled out far
harassment, however we are unable to find any evidence of record to
support that allegation. Certainly, it is incumbent upon the employe
to present some evidence to support the basis for his conclusion that
he has been treated unjustly. However, we are unable to find any such
evidence in this record and, accordingly, we will deny the claim.
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 jurisdictionover 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:
zlee,
lea
Executive Secretary
Dated at Chicago, Illinois, this 31st day of January 1980.