NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24809
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
(Former Lehigh Valley Railroad Company)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The twenty-five (25) demerits imposed upon Trackman A. McNeil
for allegedly "leaving work site on Raritan Branch at approximately 2:10 P.M.
on June 23, 1980 without proper authority" and for "alleged violation of
leaving track in unsafe condition at same location" was without just and
sufficient cause and on the basis of unproven charges (System Docket 661).
(2) The twenty-five (25) demerits imposed upon the claimant shall be
removed from his record.
OPINION OF BOARD: Claimant A. McNeil, a Trackman in Carrier's employ on the
Raritan Branch, was charged as a result of an occurrence on
June 23, 1980, as follows:
Violation of leaving work site on Raritan Branch at
approximately 2:10 p.m. on June 23, 1980 without
proper authority. Also, alleged violation of leaving
track in unsafe condition at same location.
A hearing into the matter was held on September 23, 1980. As a result
of that hearing, Claimant was found guilty and assessed 25 demerits.
This Board has reviewed the transcript of the hearing, as well as
other documents in the record. We are persuaded that Claimant was told.to
spike 14 ties before he left the work site and that he only spiked eight. He
left the track in an unsafe condition and he left the property without authority.
We need not comment on the seriousness of having a track in a condition where a
derailment might occur, nor the seriousness of leaving a work site without
proper authority. It is universally understood within the industry that such
actions are unacceptable.
We can find no basis in the record for modifying Carrier's action in
this instance.
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;
Award Number 25278 Page 2
Docket Number MW-24809
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~,4
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1985.