NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24748
Josef P. Sirefman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The fifteen (15) days of suspension imposed upon Truck Driver S.
D. Ferris for alleged "Violation of Safety Rules: 3432, 3433, 3435, in connection
with your personal injury sustained January 2, 1980" was without just and sufficient
cause, unwarranted and on the basis of unproven charges (System Locket 590).
(2) The claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: Claimant S. D. Ferris, a Truck Driver with the Carrier since
September, 1975 received a February 8, 1980 notice of trial
charging violation of safety rules 3432, 3433, 3435, in connection with "your
personal injury sustained January 2, 1980" at 10:15 AM at Pittsburgh, Pa. The
trial was held on February 19, 1980 and on March 3, 1980 the Carrier gave Claimant
a 15-day suspension.
A review of the record before this Board establishes that the February
8, 1980 notice of trial provided sufficient particularity to permit Claimant to
properly prepare a defense for the allegations contained therein, and that
Claimant was afforded all the procedures provided by the contract. There was
substantial evidence from which Carrier could conclude that Claimant had not
taken proper precautions to secure himself when moving from one vehicle to
another, and therefore substantial evidence to sustain Carrier's decision to
discipline Claimant. Under the circumstances the penalty of a 15-day suspension
was reasonable.
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.
Award Number 24979 Page 2
Locket Number MW-24748
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois this 12th day of September 1984.