NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24801
Josef P. Sirefman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(New Orleans Public Belt Railroad
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
1. The five days of suspension imposed upon Painter C. Wilkerson for
alleged insubordination on September 10, 1981 was arbitrary, capricious,
unwarranted and on the basis of unproven charges.
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. Wilkerson, a Painter, was suspended for five
days on a charge of insubordination 'by refusing to assist
fellow workers in moving scaffold near the East abutment of the Huey P. Long
Bridge, on the afternoon of Thursday, September 10, 1981, as directed by Asst. to
Bridge Supervisor, J. A. Estay'.
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 21278). There was substantial evidence in the record to sustain
the Carrier's determination to discipline Claimant. In view of the importance of
having the scaffolding in place to expedite the start of the next day's work the
five 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 25512 Page 2
Locket Number MW-24801
A W A R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT
BOARD
By Order of Third
Division
Attest:
Z'4~5~
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 13th day of June 1985.
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-Office-'-