NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25740
Stanley L. Aiges, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The ten (10) days of suspension imposed upon Trackman E. Thomas
for alleged "failure to devote himself to his duties during his tour of duty
on July 15, 20, 27 and 30, 1982; leaving his work thirty minutes before his
scheduled quitting time without permission on July 30, 1982 and for reporting
to work late on July 20 and 27, 1982" was without just and sufficient cause
(Carrier's File 013.31-272).
(2) The claimant shall be compensated for all wage loss suffered.
OPINION OF BOARD: Trackman E. Thomas was given a 10-day suspension for:
(1) his alleged failure to devote himself to his duties
during his tour of duty on July 15, 20, 27 and 30, 1982; (2) leaving work 30
minutes before quitting time without permission on July 30, 1982; and (3)
reporting to work late on July 20 and 27, 1982. The Organization asserts the
suspension was not for just and sufficient cause. :t asks that Claimant be
made whole.
We are obliged to confine our review to evidence raised and joined
on the property. See Third Division Awards 22175, 21882, 21290. We note
that in handling on the property, the Organization did not dispute Claimant's
guilt. Instead, it contended the "suspension was too harsh [a] penalty". We
are unwilling now to permit the Organization to argue the question of
Claimant's guilt. Nor will we now substitute our judgment for that of the
Hearing Officer who tried the facts.
Our focus, instead, must be limited to whether the penalty imposed
was too severe. The record reveals that within the space of 15 days (July
15-30, 1982), Claimant violated Carrier's Rule Q on seven separate occasions.
In the face of that, we cannot conclude the discipline imposed was 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 &mployes within the meaning of the Railway Labor Act
as approved June 21, 1934;
Award Number 25583 page 2
Locket Number DH-25740
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 ALUUSTMENT BOARD
By Order of Third Division
ATTEST:
i
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of August 1985.
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