NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-25693
Eugene T. Herbert, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9855) that:
1. Carrier violated Rule 21 of the Agreement when it disciplined Mr.
Sherman Redmond with a sixty (60) day suspension following an investigation held
on October 15, 1982, as a result of charges placed against him on October 11,
1982, and
2. Carrier shall now be required to compensate Mr. Redmond for all
time lost during the sixty (60) day
suspension commencing on
October 22, 1982, as
provided
in
Rule 21 of the Agreement and remove all references of the charges and
investigation from his service record.
OPINION OF BOARD: Claimant was charged with having absented himself from his
assigned position without permission. The record reveals
substantial evidence that he did so including Claimant's admission that he did
not obtain or request the required permission.
Claimant was accorded full due process and the determination of his
guilt was neither arbitrary nor capricious. The discipline imposed cannot, under
the circumstances, be said to be either harsh or excessive.
Accordingly, the Board finds no basis for sustaining the claim.
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.
Award Number 25404 Page 2
Locket Number CL-25693
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of April 1985.