NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-24550
Herbert L. Manx, Jr., Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the National Railroad Passenger
Corporation:
Case MEC-BRS-SD-15D. Claim on behalf of Gary W. Carroll that Carrier
rescind the five days' suspension of December 15, 16, 17, 18 and 19, 1980."
OPINION OF BOARD: Following an investigative hearing, the Claimant was subject
to a five-day disciplinary suspension for losing a company
radio in his possession while on duty. The Claimant admitted to having lost
the radio and failed to accept a proposal to make restitution to the Carrier for
its loss. He was adjudged guilty of the portion of Rule H which reads as follows:
"Employees must take every precaution to guard against loss
or damage to the company property from any cause ...."
Procedural objections raised by the Organization were either not timely
or were considered by the Board not to affect the fairness of the investigative
hearing or the propriety of the resulting discipline. There is no basis to set
aside the penalty imposed on the Claimant.
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;
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.
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Award Number
24468
Page 2
Docket Number SG-21+550
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this
14th day of July
1983.
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