NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25437
Eugene T. Herbert, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard System Railroad
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The ninety (90) days of suspension imposed upon Assistant Bridge
Foreman G. L. Sandlin for alleged violation of ·Rule 11' and 'Rule 18' was
capricious, arbitrary, unwarranted and on the basis of unproven charges (System
File C-4(13)-GLS/12-39(82-1145) X3).
(2) The claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: A careful review of the record in this case reveals that
Claimant was accorded full due process under the Agreement
at a fair and impartial hearing. The evidence there presented was substantial
as to his guilt. There is no indication that the finding of guilt was arbitrary,
capricious or motivated by personal animus. In light of Claimant's prior disciplinary
record, this Board cannot say that the discipline imposed for the current offense
was excessive, unreasonable or unwarranted.
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
By Order of Third Division
7
Attest:
./~,._Cy
mNanyc,- er - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of May 1985.