NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-2381+0
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9323)
that:
(1) Carrier violated the Clerk-Telegrapher Agreement when it
erroneously determined operator W. R. Hupp violated Rule D-151 of Carrier's
Operating Book of Rules on October 26, 1977, and suspended him for five (5)
days, and __
(2) Because of such wrongful action, Carrier shall now be required
to exonerate Mr. W. R. Hupp, compensating him for lost wages suffered between
November 19 and 23, 1977, the period of suspension.
OPINION OF BOARD: The Claimant protests as unjust the assessment of five days
actual suspension for his responsibility in authorizing the
movement of a train against the current of traffic without proper protection, in
violation of Carrier Operating Rule D-151.
The Organization contends that the record does not support the charge
and the discipline imposed. It denies particularly the Carrier's finding that
the Claimant "admitted responsibility in this matter".
The Board accepts the Carrier's resolution of the conflict between the
testimony of the Claimant and that of the dispatcher as to the central issue
of the nature of the communication between them at the time in question.
The Board finds on the entire record that there was substantial evidence
of a reliable and probative nature to support the Carrier's action. Accordingly,
we may not overturn the Carrier's decision.
We find it unnecessary to consider, in addition, the validity of the
Carrier's assertion that the Claimant admitted responsibility.
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, 193k;
Award Number
23867
Page
2
Docket Number
CL-23840
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: Acting Executive Secretary
National Railroad Adjustment Board
BY
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 13th day of May,
1982.
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