NATIONAL RAILROAD ADJUS'a·SENT BOARD
THIRD DIVISION Docket Number h&I-23975
Josef P. Sirefmea, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Fail Corporation
STATEMENT OF CLAM: "Claim of the System Committee of the Brotherhood that:
(1) The ten day record suspension assessed Foreman W. P. Berber
and Crane Operator V. M. Giordano for alleged responsibility 'for the damage
to Crane H-48' was without ,just and sufficient cause and on the basis of
unproven charges (System Docket No. NH-21).
(2) Foreman W. P. Battier and Crane Operator V. M. Giordano shall
have their personal records cleared of the charges leveled against them.
OPINION OF BOARD: Claimants, Foreman W. P. Battier and Crane Operator
V. M. Giordano, rare served with a June 22, 1979 notice
of investigation to develop facts and determine responsibility, if any, for
damage to crane H-48 on June 20, 1979. A hearing was held on July 11, 1979,
sad Claimants were subsequently found partially responsible for damage to
the crane and the Carrier imposed a ten-day suspension on each.
A review of the record before this Board establishes through the
numerous witnesses `,.hat there was substantial evidence to sustain Carrier's
decision to discipline the Claimants. Given the seriousness of the violation
the discipline of a tea-day record suspension for both Claimants was reasonable.
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 sad the Employes involved in tas 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; sad
That the Agreement was not violated.
Award Number
24034
Docket Number
MW-23975
A W A R D
Claim denied.
ATTEST: Acting Executive Secretary
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NATIONAL RAILROAD ADJi)S=iT BOARD
By Order of Third Division
National Railroad Adjustment Board
By
j Rosemarie Brasch - Administrative Assistant
Dated at Chicago Illinois this 15th day of November 1982.
_ EEC ,; 1~,
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~o Office