NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket No. MW-25334
Eckehard Muessig, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The disciplinary demotion of Foreman C. L. McCartney for three (3)
months for alleged violation of Rule "E" was arbitrary and on the basis of
unproven
charges (System Locket 371D).
(2) The claimant's record shall be cleared of the charge leveled against
him and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: Subsequent to an
investigation, the
Claimant was assessed discipline
of a three (3) month temporary disqualification from Foreman and
Assistant Foreman duties on the basis of a finding that he had played cards on the
Carrier's property during wvrking hours.
There was substantial evidence adduced during the
investigation to
support
the charge against the Claimant. Accordingly, discipline was reasonably warranted.
However, given the extenuating circumstances herein, the discipline is unduly
severe. Consequently, we reduce the discipline to one month.
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.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
'44~97-
.Nancy r -Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1985.