NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD
DIV13ION Docket Number
MP-229T6
(Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Roployros
PARTIES ~ DISPUTE:
Aorfolk and Western Railway Company
STATDMT
OF
CLAIM: Claim of the System Oosmittse of the Brotherhood
(GL-8T92)
that:
~ ar~,
ese
unjust manner without just causeasseda ten 10) day deferred
suspension against the record of Clerk-Qaller P. R. Givess.
2. Carrier shall now be required to remove and expunge the ten (10)
day deferred suspension fear the record of Clerk-Caller P. R. Givens and any
reference thereto.
OPINION OF BOARD: The record indicates that within a period of several days
in Jaanary of
19T8,
the Claimant failed several times to
meek the requirements of his position, such errors being of a substantial nature
and particularly for an experienced employs of some nine
(9)
years service at
the time. The record further shows that the Claimant readily admitted to such
errors of omission, recognized their gravity and was Contrite for his actions.
It is well-established that such admissions forego any necessity for further
proof of the validit of discipline per se, but
may
leave open the question
of the extent of the of action taken. Here, the discipline was a
ten (10) day deterred suspension. This Board is ill-advised to intervene
unless a significant shoring can be made that the disciplinary action is not
commensurate with the offease(s) committed. We
rind
no such basis.
Award fimtber
23126
Page
2
Docket lhmsber CL-22976
FMIPO8: The Third Division of the Ad,)ustment Hoard, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employee within the meaning of tke Railway labor
Act, as approved June 21,
1934;
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Clain denied.
NATIONAL RAILROAD ADJWSWT HOARD
By Order of Third Division
ATTFBT:
/eW.W=
Executive Searetary
Dated at Chicago, Illinois, this 15th day of January 198l.