NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26131
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9952) that:
1. Carrier violated the provisions of the current Clerks' Agreement,
particularly Rule 21, when on May 16, 1983, the Carrier issued Discipline
Notice #73 to R. J. Lucier assessing him a 15 day actual suspension effective
May 17, 1983, after investigation held on May 11, 1983, and
2. Carrier shall now be required to clear R. J. Lucier's personal
record of all references to the suspension and, in addition, pay R. J. Lucier
for all wage losses sustained as provided in Rule 21(c) of the current Clerks'
Agreement."
OPINION OF BOARD: When Claimant was sent a letter of reprimand by Trainmaster/
Traveling Engineer he returned it after writing abusive and
obscene language in the margins. On May 10, 1983, he was directed to attend a
formal investigation regarding:
"Your responsibility for using abusive and obscene
language to an officer in your reply on the letter
of reprimand that was sent to you on May 9, 1983."
The Investigation was conducted on May 11, 1983. At the Hearing
Claimant was asked if he felt he had sufficient time to prepare and answered
"I have no objections."
The Organization contends, notwithstanding dictionary references, the
terms used by Claimant are neither obscene nor abusive and are used daily in
the industry. It also argues the original letter of reprimand was faulty in
that it constituted discipline without prior Investigation.
Carrier has established that on this property reprimands are historically issued without going t
Rule, with employees being allowed to raise the question of justification
through the usual methods.
Award Number 26172 Page 2
Docket Number CL-26131
Accordingly Claimant had an avenue to protest the Letter of Reprimand
and his conduct was an unwarranted overreaction to it. On the other hand, and
putting aside the question of whether the written comments were obscene or
abusive this Board must view a 15 day suspension as an overreaction on Carrier's part also. The orig
Claimant be made whole for any wages lost as a result of the suspension.
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.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
0
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 29th day of October 1986.
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