NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24749
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 disciplinary demotion of Machine Operator R. J. Lenahan for
alleged failure to "check the oil level in the cross slotter
...
for three (3)
consecutive days, namely, April 29, 30 and.May 1, 1980" was without just and
sufficient cause and on the basis of
unproven charges
(System Locket 588).
(2) Mr. R. J. Lenahan's seniority as a machine operator be restored
and unimpaired and he be allowed the difference between what he would have
received at the machine operator's rate and what he was paid in a lower rated
position from May 1, 1980 until he is returned to work as a machine operator.
OPINION
OF
BOARD: Claimant R. J. Lenahan, a Machine Operator with the Carrier
since September, 1974, was served with a notice of
investigation
in connection
with "Your
negligence
and failure to check the oil level in the
cross slotter, for which you are solely responsible for as Machine Operator,
for three (3) consecutive days, namely, April 29, 30 and May 1, 1980, resulting
in the engine being totally destroyed." The investigation was held on May 14,
1980. Claimant had been disqualified on May lst as a Machine Operator, and
subsequent to the hearing the Carrier determined that the disqualification
would remain in effect.
A review of the record before this Board establishes that there was
sufficient basis for the Carrier to conclude that Claimant had been negligent
with respect to the maintenance of the equipment he was operating, and that
there was substantial evidence to sustain the Carrier's decision to discipline
him for, this infraction. However, the indefinite disqualification is too
severe a penalty in the Board's opinion, and the disqualification should be
removed as of the date of this Award.
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 discipline was excessive.
Award Number 24980 Page 2
Docket Number MW-24749
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J. v,gE'- Executive Secretary
Dated at Chicago, Illinois, this 12th day of September 1984.