NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24908
Hyman Cohen, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The discipline (letter of reprimand) imposed upon Trackman L.
Reyna and J. Capehart for allegedly 'not working as fast as you could or should
have on October 28, 1980 was without just and sufficient cause and on the
basis of unproven charges (System File C-4 (13)-JCILR: 12-39(81-41) C).
(2) The letter of reprimand (dated November 3, 1980) referred to in
Part (1) hereof shall be removed from the claimants respective personal records."
OPINION OF BOARD:
The instant claim was filed with the Carrier because
"Discipline" was imposed against the Claimants "without
just and sufficient cause and on the.basis of unproven charges."
On October 28, 1980, Roadmaster T. C. Simmons observed the two (2)
Claimants along with two (2) other trackmen assisting in the rebuilding of a
road crossing. He
felt that the employes were working at a much slower pace
than
normal and discussed their work performance with them. On November 3,
1980, he confirmed his discussion with them by letter which was placed in their
personnel record files. Each of the letters set forth the following:
"On Tuesday, October 28, 1980, at Dade City, Fla., I had opportunity
to watch each of you working for a period of several hours. After
such observation it was my opinion that none of you were working fast
enough and as a result your work production was below that necessary.
I stopped you from working, called you together in a group, and talked
to you
concerning this
.
You should consider this letter as formal notice that your work
performance is unsatisfactory. In plain words, you do not do enough
work to qualify for the pay that you receive. You must in the future,
at least, do as much work as others in the same circumstances. if
you continue to work at the rate that you are now working you cannot
expect to remain on the payroll of the Railroad.
I urge that each one of you think about this and improve your work
performance. Please remember that there are good men now furloughed
who would appreciate an opportunity to have your job on a permanent
basis.
I expect each one of you to cooperate with me in this."
Two (2) of the trackmen, J. Lee and H. D. Allen, are not Claimants.
Award Number 24953 Page 2
Docket Number MW-24908
Based upon the record, the Board concludes that Roadmaster Simmons,
letter did not constitute disciplinary action; nor did he intend such letters
to be disciplinary action. Rather, the letter put the Claimants on notice to
avoid such occurrences in the future. As stated in Second Division Award No.
8062:
"*** letters of warning are an important and necessary device that
can change an Dnployee's behavior and put him back on the track without
the stigma of being disciplined and having this become a part of his
personnel file and his work record."
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
espectively Carrier and Dnployes 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 ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
'~ Nancy J,c''Tver - Executive Secretary
Dated at Chicago, Illinois, this ?4th day of August 1984.
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