DIMION Docket Nwber W-24523
William G. Cspies, Referee
(Brotherbood of Maintenance of Way Employes
PARTIES TO DISPUTE :
Consolidated Rail Corporation (formerly gee Tork,
New IaTla 3 Dartford Railroad Company)
aTa~T
t37 CFJIIK: 'Glala of the Systaa Committee of the &othezhood
that:
(1) MIs discipline (reprimand) imposed upon (~rpenter
7. !. Tokaresylc for alleged responsibility is connection with an ia4ttr7 sustained by him and alleg
3361 (c)
and (d)' was arbitrary, capricious, nawarraated and on the basis of
sapraT*a charges (Syatas Docket Ho. Da-61).
(2) ~ reprimad referred to is Part (1) hereof shall be
espied tree the
ct ai m·nt
' s sword.'
GPINM fN' DOABD: An iarestigatioa was hsld_oa September 1Tr
198o
in
e~eatian with the charge:
''ib determine your responsibility, if any, for
personal iaJmy which occurred oa Jane
18, 198o...To
violation of Safet Ralie3361,
ef
~r
r.~
a'ueged
y 3 r r r
8~·
The Carrier as a result of the investigation found the Claimant guilty and
imposed the discipline of a reprimad upon the clai=wt.
M2e issue before this Division is twofold: (1) Was the Carrier able
on the record before ns, including a transcript of the testimony on the investigation, to establish
if so, Was discipline assessed reasonable
or
vas it arbitrary, capricious or
un~ranted.
Mwre is no doubt Prcat the record the Carrier vas able to and
did x,a+ain
its burden of proof.
The discipline assessed was certainly warranted given the Carrier's
duty to enforce safety rules atrict7,y.
Award Mamber 24411 page 2
Docket lhaber 14i-24523
!>71MMS: 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 &mployee involved in this dispute are
respectively Carrier and Zmployea within the meaning of the filmy labor
Acts as approved June 212
1934;
That this Division of the Adjustment Board has
jurisdiction
over the dispute involved herein; and
That the Agreement vas not violated.
A W A B D
Claim denied.
NATIO1fAL BAa.RQAD ADJQBTICEfT BOARD
ay
order of Third Division
ATIET: Acting Executive Secretary
National lailroad Adjastaeat Board
B7
/' Rosemarie Breach - Administrative Assistant
Dated at (blcagojp
T linnisj,
this 15th day of June., 1983.
J
t