NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26088
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9955) that:
1. Carrier violated the effective Clerk's Agreement when on November
22, 1983, it treated Mr. Edward Pollard in an unjust manner by threatening him
with demotion and/or loss of employment for asserting his contractual rights.
2. Carrier shall be directed to cease any unjust actions against
Claimant."
OPINION OF BOARD: This dispute deals with an allegation of threats made with
respect to Claimant at the conclusion of an Unjust Treat
ment Hearing on another subject. The Hearing ended on November 22, 1983, and
was concerned with a charge that Carrier had improperly refused to grant
Claimant the vacation of his choice. That matter was concluded by Third
Division Award 25943 in which the Claim was denied.
The Organization contends that at the conclusion of the Hearing on
November 22, 1983, the Hearing Officer, in the presence of two Organization
Officials, made threatening remarks to Claimant in that he could cause
Claimant to be disciplined or disqualified. The organization argues that such
actions constituted an improper attempt by Carrier to deter the Claimant from
pursuing his contractual rights.
Carrier, in denying that anything improper transpired, characterized
the conversation as an attempt at corrective criticism with regard to Claimant's work. Carrier insis
pursuing his contractual rights. Carrier introduced evidence at the Investigation that there had bee
not the first time his work had been discussed with Claimant.
Claimant was afforded full due process in the investigative process
concerning this Claim. While the record indicates that Carrier might have
been better advised to counsel Claimant concerning his work at another time,
unrelated to the Unjust Treatment Hearing, there was nothing improper in the
conversation with Claimant and his organization Representatives. No demonstrable violation of the Ag
Claimant was not improperly "threatened." Therefore, it must be concluded
that the Claim is without merit.
Award Number 26293 Page 2
Docket Number CL-26088
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
Attest: i
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 24th day of April 1987.