NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25290
Eckehard Muessig, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The discipline of Patrol Foreman G. E. Stafford for alleged failure
to "(1) properly perform your duties as Foreman on Patrol Gang 5655 when you failed
to find and replace broken angle bar at Bivens, Siding and (2) for absenting yourself
without proper authority on February 18, 1982 and your failure to comply with General
Rule N and Rule 240' was without just and sufficient cause and unwarranted (Carrier's
File § 310-461).
(2) The Claimant shall now be accorded the benefits prescribed in Agreement
Rule 12, Section 1(e).
OPINION OF BOARD: The Claimant was dismissed after the Carrier found that he
had not properly performed his duties, in that he overlooked a
broken angle bar and left his assignment without authority. Later, Claimant's
dismissal was reduced to a suspension.
Without detailing the evidence adduced during the investigation, a review
of the Transcript shows substantial evidence that the Claimant was guilty of the
charges. Given the seriousness of the two offenses, the Carrier's assessment of
discipline cannot be considered unduly harsh. Accordingly, we have no basis to
disturb the Carrier's disposition 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;
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:
j~ X
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1985.