RATllM RAll00AD AWUSTM10T BOARD
_ RSV DIVISION Docket limber lW-2W
Villiaa G. Caplan,, !Referee
(Brotherhood of Mainteaaace of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMM Of CLAIaQ: "Claim of the System Committee of the Brotherhood
that:
(1) The twelve (12) calendar days of suspension imposed upon
Apprentice Foreman Archie Powell for alleged violation of 'Rules 225(b)
and 225(c)' was arbitrary, capricious and based upon unproven and
ais
proven charges (System File C--k(13)-AP~3-2-39(80-43) G).
(2) The claimant's record be cleared and he shall be 'compensated
for all wage loss suffered."
OPIll2ON Off' BOARD: CL lmant, an Apprentice Fore== while scheduled to work on<
the Portsmouth Subdivision was instructed to report to Boy'61s
Virginia because an Apprentice Forman there, who was assisting the Brush
Cutter, bad a family emergency. The Roadmster when he talked to Claimant
concerning the work to be performed at Boykins advised him his predecessor
had requested a "7" order to protect the work and Claimant should call the
dispatcher, find out the work Limits so he could pat out his
'r°
Boards and
Advance Warning Boards at their proper locations. Claimant called the Lispatcher and obtained tie yo
Mile Post
57
to Mile Post
47.
The Advanced Warring and
"T
Boards were
placed for ?Silo Posts
k7
and
57.
Eovever, according to the dispatcher's
records, the vorkimg limits should have been from Nile Post
54
to Mile
Post
47.
Because of the discrepeacy an investigation was held to tevelop
the facts Lad place the responsibility, if any, of the Claimant in connection
with this error. The Claisant was specifically charged with violation of
Operating Rules 225(b) and 225(c). Subsequently on the basis of the hearing,
the Carrier assessed the Claim- -12 calendar days' suspemsiai, beginal.ag May 2:
and ending
Jtt~G
1, 1980. She Organization appealed the suspension through
the various stages of appeal to this Board.
This claim inolved discipline and it is incaabent upon the
Car
rier under the long established rule of this Board to maintain the burden of
proof in its assesssant that discipline is proper, if it is to stand.
Although in this record there is conflict as to certain stateaeats there
is ample probative evidence i: the record to sustain Carrier's burden.
The penalty imposed is the Carrier's judgment Lad this Board has
consistently ruled it will not overrule, reverse or set aside or reduce
penalty imposed naless the Claimant man show that the Carrier in assessing
the penalty was vindictive, arbitrary or malicious. Bo such shaving was
made en this record.'
Avard somber
24406
Page
2
Docket Number W-24.409
PMMS: The Third Division of the Adjustment Board, upon the whole
record and all the eyidence.. fisds and bolas:
That the parties waived oral hearing;
gut the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Bailvay labor
Act, as approved June 21,
1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; mad
-That the Agreement vas not violated.
A W A E D
Claim denied.
' i4ATIORAZ RAII.BQAD AlaTUSTIMT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
Rational Railroad Adjustment Board
By , fig.'.-_--n~.
t_-
l'u~l
c--,e
Rosesarie Braseh - Administrative Assistant
Dated at Chicago, ntlinois,, this 15th day of June 1983.
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