NATIONAL RAILROAD ADJUST!-'::.'T BOARD
THIRD DVISION
Joseph A. Sickles, Referee
Award ihunber
24341
Docket number NW-24344
(Brotherhood of 'Maintenance of Way Employes
PARTIES TO DISPUTE
(The Kansas City Southern Railway Company
( (t·Lilwaukee-Kansas City Southern Joint Agency)
STATZi NT OF
CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The five
(5)
days of suspension imposed upon Section Laborer
L. Williamson for alleged 'violation of General Rules 11 and 14' was arbitrary,
capricious unwarranted and on the basis of unproven charges (Carrier's File
013.31-238j-
(2) Section Laborer L.
William
on shall be compensated for all
wage loss suffered."
OPiuIO:J OF BOARD: Claimant was notified to report for a formal Investigation
concerning an asserted failure to report for duty on
:.!ay
1.2,
1980.
Subsequent to the Investigation the Claimant was assessed a five
(5)
day disciplinary suspension.
The Claimant's regular work days were Tuesday through Saturday,
inclusive, and on Saturday, I-lay 10, 1980 the Claimant was advised that his
gang would be required to perform work on Monday, May 12. According to the
Carrier, the Claimant then attempted to claim a need to be off on the 12th
however he was again advised by the Foreman that his presence was necessary.
The Claimant denies that he was instructed to report to work
but rather states that he was asked by the Foreman to do so.
The C,',aimant asserts that the Foreman "...didn't say YES, and ...didn't
say :~10. When I told him I had personal business he said if you have -personal
business, you have personal business to take gyre of." The Foreman was asked
specifically if he nod ;,;ode such a statement and he categorically denied :along
any such a statement.
The dispute before us places is issue a direct credibility conflict
and we nave ruled on numerous occasions that it is not incumbent ucon a
card such as this to make credibility determi:ations or to attempt to substitute our ,judgement for
Under the ci ctunstances we are not inclined to disturb the asaesa-
·_,.~nt of =,.r;shment and we -gill deer the clsia.
A;; and :: er
24341
Fare 2
Doc::et i;=ber 1,v.-2L3L4
-=::JZ:;,3: The ihirw Di·,=sior of the Adjustment Board, upon the whole rec
aad all the evidence, finds and holds:
That the parties ·.,sived oral hearing;
-.at the Carrier and the 2=ployes involved in this dispute are
respectively terrier and Employer within the meaning of the Railway :abor
Act, as approved J,.:ne 21:
1034;
hat this Division of the Adjustment Board has Jurisdiction
over tae dispute involved herein; and
That the Agreement was not violated.
A 14 A R D
C^lai= :denied.
1:ATIONAL RAILROAD ADJTJS2·2 1T BOARD
By Order of Third Division
A=C-T: Acting Executive Secretary
::ational Railroad Adjustment Board
~r~.w
Rose-arie 3rasch - Administrative Assistant
Dated. at Chicago, T_11inois, this 27th day of April
1983.
G
JED
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