NATIONAL RAILROAD AWUS24ENT BOARD
THIRD DIVISION Docket Number
CE-23913
Canton
R.
Sickles, Referee
(Brotherhood of Railway., Airline and Steamship Clerks,
( Freight Handlers., Express and Station Employee
PARTIES
1V DISPUTE:
(Elgin, Joliet end Eastern Railway Company
STATEMENT OF GLA3M: Claim of the System Committee of the Brotherhood
(m-944)
that:
1. Carrier violated the effective Clerks' Agreement rhea, following
an investigation, it suspended Ms. S. Schumacher from service for a period of
five
(5)
days commencing on January
2g, 1980,
and continuing through February
2,
1980:
2.
Carrier shall now compensate Ms. Schumacher for all time lost
as a resist of this suspension and shall clear her record of the charge placed
against her.
OF22TION OF BOARD: Claimant was disciplined by s five-day suspension as the
fourth offense in a progressive discipline procedure es
tablished by the Carrier. The claimant objects to the progressive discipline
procedure. The identical issue was raised in as action involving this Carrier
and Organization and it was recently decided in Award
23405
that the procedure
was proper. We find nothing unusual or shocking about that decision and x111
uphold it in this award*
In Award
23405
the Board felt as foLloWS:
"The progressive discipline procedure is the system on
this property. Claimant had knowledge of it. It is not
as unreasonable system. Indeed, consideration of the
Claimant's past record in assessing discipline is good
industrial practice. Here, such progressive discipline
hoe been systematized. Moreover, the Organization has
acquiesced is its use."
"Under the progressive discipline procedure, this is
Claimant's third offense. As such, he is subject to a
three
(3)
day suspension. Since Claimant was treated is
in accordance with this procedure, we see no reason to
overturn the discipline imposed."
An additional issue raised is whether the claimant, who was assigned
to the clerk's extra board, was subject to being called on December
28.
Award Number
23929
Docket Number
CL-23913
Page 2
The claimant alleges that since she was paid for two holidays during that
week that she was not subject to call on that Friday. A reading of the
record as a whole would indicate that this is not a valid interpretation
of the contract by the claimant. Claimant further alleges that she had
been informed of this erroneous interpretation by a fellow employs but it
is not established on the record that this employs was in any position of
authority.
The record establishes that the phone calls were made to the
claimant but that they were not answered. The claimant insists that she
did not hear them. Under these circumstances, absent say finding of bias
on the part of the hearing officer,, we will support the recommendation of
the hearing officer and support the recommendation and discipline imposed.
FILINGS: The Third Division of the Adjustment Board, upon the whole record
sad 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,
1934;
That this Division of the Adjustment Board hoe jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
Claim denied.
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
y 20-~'
~osemarie Brasch - Administrative Assistant
-Daterd at Chicago, Illinois, this 30th day of June
1982
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
CE
'9o Office
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