NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number SG-25252
Eckehard Muessig, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Consolidated Rail Corporation:
Appeal of discipline assessed against S. H. Steiner by notice dated
April 29, 1982 -- thirty days suspension, deferred six months. (System Locket
1859-D-Eastern Region Case EH-SI-29-821
OPINION OF BOARD: The Claimant in this dispute was charged with violating a
number of the Carrier's Rules as a result of his alleged
involvement in an altercation. Following a trial, he was assessed a thirty (30)
day deferred suspension.
The Carrier has raised certain procedural objections to the claim which
we find are not supported by the record and, accordingly, these are set aside.
With respect to the merits, the Board notes the absence of eye witnesses
to the alleged event and the denial by the two persons who, it is contended, were
involved in the altercation. Under these circumstances, the Carrier has not met
its burden of proof, and the suspension will be removed from the Claimant's record.
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1985.