NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-24865
Rodney E. Dennis, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9667) that:
1) Carrier violated the Clerks' Rules Agreement at Milwaukee, Wisconsin
when it charged, held investigation and assessed discipline of thirty (30) days
suspension to Employe M. G. Bigley on September 10, 1981.
2) Carrier shall now be required to clear Employe M. G. Bigley's record
of all charges, investigation and subsequent discipline, and compensate him for
all lost time caused by such charges, investigation and discipline.
OPINION OF BOARD: Claimant M. G. Bigley was working a vacation relief position
from August 10 through August 13, 1981, on the third trick
operator's position at Watertown, Wisconsin. On August 11, 1981, Train 246
derailed at Oconomowoc, Wisconsin. On August 17, 1981, Claimant was instructed
to appear at a hearing to investigate the circumstances in
connection with
the
derailment. A hearing into the matter was held and Claimant was found guilty of
failing to notice or report a high reading on the hot box detector tape. He was
assessed a 30-day actual suspension.
This Board has reviewed the hearing Transcript and the other documents
that make up the total record of this case and can find no basis in that record
on which to overturn or modify the decision of the Carrier.
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
L:Z.0,
By Order of Third Division
Attest:
Nancy , er - Executive Secretary
Dated at Chicago, Illinois, this 15th day of April 1985.