NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24780
Josef P. Sirefman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The five (5) days of suspension imposed upon Trackman C. E. Clements
for alleged violation of Rule 17(bl was without just and sufficient cause and on
the basis of unproven charges (System File C-4(13)-CECl12-39 (81-30) G).
(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: Claimant C. E. Clements, a Trackman, was served a January 28,
1981, Notice of Investigation charging that he failed to
protect his assignment as Trackman on Section 7359 on January 21, 1981, end that
he did not have a valid reason for being absent. A hearing was held on February
13, 1981, and Claimant was subseguently assessed a five calendar day suspension.
A review of the record before this Board establishes that Claimant
received a fair and impartial hearing. With respect to the conflict in testimony
it has been held that This Board functions as a reviewing authority and it cannot
substitute its version of the facts for that reached by the trier of facts who
heard the testimony, observed the demeanor of the witnesses and, by its proximity
was entitled to weigh and evaluate the credibility of witnesses· (Third Division
Award 11278) There was substantial evidence in the record to sustain the Carrier's
determination to discipline Claimant. In view of his prior record, including two
suspensions (one but a few weeks before the incident in guestion), the five calendar
day suspension was not excessive.
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 25439 Page 2
Locket Number
MW-24780
A
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Claim denied.
NATIONAL
RAILROAD ADJUSTMENT HOARD
By Order of Third Division
Attest:
4 ,
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1985.