NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25934
Lamont E. Stallworth, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
(Southern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The discipline of Foreman A. L. Ginn ['ten (10) working days
actual suspension to be served beginning June 1, 1983, and ending at the close
of work day June 14, 1983, and forfeiture of your foreman rights'] was
excessive and disproportionate to the charge leveled against him (System File
C-D-1809/MG-4069).
(2) Claimant A. L. Ginn shall be returned to his former position as
foreman with seniority as such unimpaired and he shall be compensated for all
wage loss suffered."
OPINION OF BOARD: The facts disclosed by the record are not in dispute. A
Hearing was held on May 24, 1983, and Claimant was found at
fault for collision between a Nolan Push Cart and Train No. 90. The controversy between the Claimant
The Organization does not dispute that administration of discipline
of ten (10) working days actual suspension is warranted. The Organization
contends, however, the additional disqualification of Claimant's rights as a
Foreman is excessive.
In the Board's view the penalty imposed for the infraction has
served its purpose. The Board accordingly restores Claimant to his former
position as Foreman with the understanding that reinstatement is subject to
passing any necessary Rules tests Foremen normally have to take to meet
eligibility requirements.
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 discipline was excessive.
Award Number 26054 Page 2
Docket Number MW-25934
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
5;~
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 11th day of June 1986.