NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 23889

THIRD DIVISION Docket Number CL-24022

Ids Klaus, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE : (Chicago, Milwaukee, St. Paul and Pacific Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-91+59) that:

1) Carrier violated the Clerks' Rules Agreement at Bensenville, Illinois when it assessed a seven (7) day deferred suspension on-March 21, 1980 to employe P. R. Koziol without proving the alleged charges.

2) Carrier shall now be required to remove the alleged charges, the investigation and the resultant assessed discipline from Employe Koziol's personnel record.

OPINION OF BOARD: The Claimant was assessed a seven-day deferred suspension
for failing to comply with instructions governing
damage to a company vehicle.

The Organization contends that the charges are not supported by the evidence, because the carrier failed to prove that any damage had in fact occurred or that the Claimant was aware of any damage.

Having reviewed the record, the Board concludes that the charges are supported by substantial evidence of a probative nature and that the penalty assessed is reasonable. Accordingly, the Carrier's determination must stand, and the claim will be denied.

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, 193+;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

Award Number 23$89 Page 2

Docket Number CL-24022

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 . -r~'~.rc-~.r~-. ~c--~e_
J ~ Rosemarie Brasch - Administrative Assistant

Dated et Chicago, Illinois, this 26th day of may 1982.

~i ., __

CJ _~

`'

\y

,, _ _