NATIONAL RAILROAD ALITUSZ1EPIT BOARD

Award Number 247-52

THIRD DIVISION Docket Number CL-24043

Herbert L. Marx, Jr... 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

STATF2ENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-94E2) that:

1) Carrier violated the Clerks' Rules Agreement at Bensenville,, Illinois when it charged, held investigation and assessed discipline of as entry of facts on Employs J. K. Conrad's personal record on January 15s 1980·

2) carrier shall now be required to clear J. K. Conrad's personal record of all mention of the charges, investigation and discipline assessed her as a result of the November 27, 1979 and January 8, 1980 investigations.

OPINION OF BOARD: Review of the~record shows that the Claimant and another
employs were engaged~in an uabusinesslike discussion on
November 16, 1979 in the office is which they troth worked. The discussion
concerned a previous incident (involving an unfriendly verbal exchange be
tween the two) and the placement of a coffee pot on the Claimant's desk.

Claimant was subject to an investigative hearing which, upon review, the Board finds to have been conducted in a fair manner.

As a result, Claimant was disciplined with an "entry of facts" on her record. The incident, while unwelcome and disturbing in an office where many employee work, was of a relatively minor nature. However, the Carrier's judgment was such as to limit its disciplinary action to as "entry of facts", and the Beard has no basis to disturb this minimal response. r

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, 1934;
Award Number 24152
Docket Number CL-24043

Page 2

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 ADJUSUEf1T BOARD By Order of Third Division

BY

Rosemarie Breach - Administrative Assistant

Dated at Chicago, Illinois this IM nay of February 1983.