(Brotherhood of Railway, Airline anti Steamship Clerks.. ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE: ( (Illinois Central Gulf Railroad

1. Company violated the Agreement between the Parties when it wrongfully assessed Clerk Ted Noll., in.. with a suspension of 6 workdays and 5 hours, June 22 through June 30, 1978, which was the time he wen illegally withheld from s 1978.

 2. Company shall nay be required to alloy Clerk Roll, III, pay for all time lost far the period June 22 through June 30, 1978, and further that his record be cleared of the investigation and all correspondence pertaining thereto.
 CBIPION OF BOARD: Claimant was suspended for 6 workdays and 5 hours for
 having damaged as electric welding machine while
 moving it with a forklift truck.

 Claimant objects that the rule requires precise charges and that the phrase, "to determine whether you negligently performed your duties at or about 10:00 A.M. June 22, 1978, resulting in damage to company property", is not sufficiently precise to satisfy the rule.

 The Board finds that the notice to the claimant was sufficient to notify him of the charges being investigated so that-he would not be surprised and could adequately prepare a defense, which is the standard established by the overwhelming weight of the Awards. We do not believe that the failure to mention the welding machine and other details in the charge in any way prejudiced the claimant. See Award 18606 where the failure to name supervisors to whom the claimant had been insubordinate during a 25-minute period was held not to make the charges imprecise.

 The Board further finds that there was substantial evidence adduced at the investigation to support the charge against the claimant, and that the penalty imposed does not demonstrate an abuse of discretion which in itself would cause us to question the extent of the discipline imposed.


However, the claimant further objects to having been removed from service pending the investigation. The rule provides that in "serious cases" such as "vicious conduct", as employe may be held out of service pending an investigation.

 The Carrier alleges that its immediate suspension action was prompted by the fact that three hours prior to the incident herein, the claimant had been notified to appear for as investigation for having left the premises the previous day without proper authority. Carrier representatives believed that the damage caused by the claimant might be repeated if he were continued in service.

 Naturally, this is a borderline case or it probably wouldn't be here before us. But on the record, we believe that Carrier representatives had an adequate basis cause further damage and could ,justifiably remove him from the service pending investigation.

 While this Board will not consider lightly a suspension from service except in serious cases, it is obvious to us that the Carrier must rely upon the circumstances as they appear at the moment. The claimant is protected in that if the charges are not sustained, he will be reinstated with no loss of pay.

 At issue, however, is whether the charges must specifically allege "vicious conduct" in order to satisfy the rule. We do not believe that it does. The charge mu circumstances to be investigated, but there is no requirement that a specific characterization of the activity be set out is the charge, the absence of which would create a procedural defect in the proceedings.

 The record reveals that the Carrier had reason to believe that the action of the claimant was "spiteful" (an acceptable colloquial definition of vicious). The believed, to establish that the claimant had no concern for the property which he had damaged by his floor where he noticed its condition and moved away frdm it.



That the Carrier and the Employes involved is this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 193k;
                  Docket Number CL-23269


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 is denied.


                          NATIONAL RALrROAD ALIIUSUENT HOARD

                          By Order of Third Division


ATl'EST:
      Executive Secretary


Dated at Chicago, Illinois, this 28th day of August 1981.