NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22896
Joseph A. Sickles, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The fifteen (15) days suspension imposed upon Machine Operator
Jerome McNeil was without just and proper cause and was an abuse of justice
and discretion LSystem File C-4(13)-JM/12-39(78-2)JR/.
(2) The claimant's record be cleared of the charges levelled
against him and he be reimbursed for all wage loss suffered."
OPINION OF BOMB): The Claimant was notified to attend an investigation
on a Charge of insubordination for asserted failure
to maintain a log book concerning operations of the machine to which he
was assigned.
Thereafter, the Claimant was also charged with an insubordination
for declining to sign the initial charge letter.
Subsequent to the investigation, the Claimant was found to have
been insubordinate concerning maintenance of the log book and that he
did not acknowledge receipt of the earlier notification. He was suspended
for fifteen (15) days.
Certainly, the evidence shows that the Claimant was aware of
the Carrier's requirements concerning log books, and we agree with Carrier
that, even if the log book was misplaced - as Claimant insisted - he had
certain requirements to assure that another book was issued, beyond the
action which he took. Further, the question of refusal to acknowledge
receipt of the initial charge letter has been considered by this Board in
Awards 22380 and,22490. We feel that those Awards set forth the basic
concepts to be applied, and we find no basis for deviating from those
Awards.
Award Number 22954 Page 2
Docket Number MW-22896
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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of August 1980.