NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
CL-23456
Joseph A. Sickles, Referee
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE : (
(The Belt Railway Company of Chicago
STATEMENT OF CLAM Claim of the System Committee of the Brotherhood
(GL-9264)
that:
1. The Carrier violated the effective Clerks' Agreement when after
investigation and hearing on June
6, 1979,
it suspended Clerk Jeffrey Schneider
from its service for three
(3)
days without dust cause.
2. The Carrier shall now be required to compensate Clerk Jeffrey
Schneider for all wage loss suffered as a result of his suspension from service,
and that his record be cleared of any charge.
OPINION OF BOARD: In May of
1979
the Claimant was notified to attend an
Investigation concerning responsibility, if any, in
connection with a reported personal injury.
Subsequent to the Investigation the Claimant was suspended from service
for three
(3)
days.
The record indicates that the Claimant overfilled a gas tank and that
certain of the liquid splashed onto the ground and onto his clothing. Shortly
thereafter the Claimant lit a cigarette for a fellow employe and when he dropped
the match on the ground the gasoline on his trousers ignited. The flame was
extinguished by fellow employes; but not before the Claimant suffered certain
burns.
As has been stated on numerous occasions, it is not incumbent upon a
Board such as this to substitute its judgment for that of the Carrier's in these
types of cases. Suffice it to say that ors review is limited to assuring that
there is evidence of record which would support the findings anyd the imposition
of discipline.
In this particular case we find that there was such evidence and we
will deny the claim.
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;
Award Number 24091
Docket Number CL-23456
Page 2
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employee 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.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
~Rosemarie.Brasch Administrative As-s1stant
Dated lat Chicago, Illinois, this 5th day of January 1983.
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