NATIONAL RAILROAD ADJUSIMENT BOARD
THIRD DIVISION Docket Number CL-24077
Herbert L. Marx. Jr. Referee
(Brotherhood of Railways Airline and Steamship Clerks,
( Freight Handlers. Express and Station Employes
PARTIES TO DISpVfS:
Chicago, Milwaukee, St. Paul & Pacific Railroad Company
STATE24ENT OF CLAIM,: Claim of the System Committee of the Brotherhood
(GL-9407) that:
1. Carrier violated the Clerks' Rules Agreement at Sturtevant.,
Wisconsin when it charged, held investigation and assessed discipline of
thirty (30) days actual suspension on February 12, 1980 against employe
L. R. Rosenbaum.
2. Carrier shall now be required to compensate employe L. R.
Rosenbaum for all lost time caused by his suspension and remove all mention
of the charges, investigation., discipline assessed and subsequent handling
from his personal record.
OPINION OF BOARD: Claimant, the regularly assigned occupant of Agent posi
tion at Sturdevant, received notice of investigative
hearing "for the purpose of developing the facts and circumstances is con
nection with collision of No. 209 cad Motor Car No. 8210 on No. 1 main at
Sturtevant, Wisconsin at approximately 1:30 p.m, on January
16,
1980".
The Board finds that the investigation notice was clear and precise and that the hearing was con
result of the investigation, Claimant was advised of the following decision:
"After giving due consideration to testimony developed
at investigation held at Milwaukee, Wisconsin, on February 5,
1980 in connection with charges of which you were advised is
notice dated January 17, 1980 and as a result of yCQr failure
to abide by the track car permit times and for not leaving
your signal blocks on your GTC machine, which resulted in rnllision of train No. 209 and motor car N
at approximately 1:30 Phi, on January
16,
1980."
Through the Claimant's own testimony, the record shows that the
Claimant failed to perform his duties in a proper manner, thus involving
him in a degree of responsibility for the collision of the train and the
track motor car. The motor car was considered a total loss, although by
great good fortune there were no personal injuries.
Award Number
24153
Page 2
Docket Number CL-2+077
Once guilt was established, the Carrier properly considered the
Claimant's disciplinary record in assessing a penalty. The record shoals
a waived formal hearing and three letters of reprimand.
There is no basis to find that the resulting 30-day suspension
was improper.
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 Employee 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.
NATIONAL RAILROAD ADJUSTMT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
e'-
By
1-~/
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of P'ebrneuy
1983.
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