NATIONAL
RAILROAD
AIlJU3TMENT BOARD
THIRD DIVISION Docket Number
W-23692
Joseph A. Sickles,, Referee
(Brotherhood of Maintenance of Way Boployee
PARTIES TD DISPUTE:
(Seaboard Coast Line Railroad Company
STATHaIT OF (I.Atwl: "Claim of the System Caomi.ttee of the Brotherhood tha
(1) The suspension of thirty
(30)
days imposed upon Foremen
Inspector R. G. Buckner for alleged violation of Rules G-1 and 225 was unwarranted said without dust
37-SCL-77-75/
12-39(79-14)
J).
(2)
Foreman Inspector H. G. Buckner's record be cleared of the
charges and he slap be compensated for all wage loss suffered."
OPINION
OF
HOARD: On January 10.,
1979
the Carrier charged the Claimant
with a violation of certain rules,, in that he was not
is a proper position to clear a train pursuant to instructions given to
him.
Subsequent to the investigation.. the Claimant was suspended for
thirty
(30)
days because, the Carrier fouadj, ha was not in the position as
previously instructed nor was he is a proper position to clear the train.
The Board has reviewed the record in this cases
had
we have hated
that the Flaploye had certain responsibilities on the day in question to
protect a crew working around a bridge. We have also motel that the
Bar.
ploys was not present in the designated place, is order to radio the train
or ware it with n flag signals
In consideration of the satire record, we are unable to find any
basis fair substituting our judgment for that of the Carrier's ate. we will
deny the slain.
FINDINGS: The Third Division of the Adjustment Baard,, upon the whole record
and nil the evidence., finds and holds:
That the parties waived, oral hearing]
Award Number 23542 Fags 2
Docket Humber MV1-23692
That the Carrier and the Employes involved in thin 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.
IUTIOftAL RAZLR011D AI11TW'dKKIfT HOAM
By order of Third Division
ATTEST
Executive Secretary
Dated at Chicago Illimoia, this 26th day of February 1982.
CC'~-~VED
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