NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24774
Josef P. Sirefman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Milwaukee-Kansas City Southern Joint Agency
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed by Section Laborer T.
M. Vogel for alleged "responsibility for being away from your job from 12:00
Noon until about 1:00 P. M. Monday April 13, 1981, and for the unauthorized use
of a truck" was without just and sufficient cause, unwarranted and on the basis
of unproven charges (Carrier's File 013.31-251).
(2) The claimant's record shall be cleared of the charges levelled
against him and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: Claimant T. M. Vogel, a Section Laborer with about two
and a half years service, was directed to report for an
investigation held on May 14, 1981 "to ascertain the facts and determine your
responsibility for being away from your job from 12:00 noon until about 1:00
PM, Monday April 13, 1981 and for the unauthorized use of a truck owned by
Contractor Bill Chard during this same period." On may 29, 1981 the Carrier
issued a 30-day suspension for violation of General Rules 11 and 14 of the
Milwaukee-Kansas City Southern Joint Agency Special Instructions No. 4 effective
January 1, 1976.
A review of the record before this Board establishes that there was
substantial evidence to sustain Carrier's decision to discipline Claimant.
However, as Claimant was only a passenger in the vehicle, and as the purposes
of progressive discipline would still be served by a lesser penalty, the 30-day
suspension is reduced to a 15-day suspension.
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 24982 Page 2
Docket Number MW-24774
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois this 12th day of September 1984.