NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26079
(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 (ten days overhead suspension) imposed upon
Machine Operator K. D. Williams for alleged 'failure to comply with instructions of Supervisor of Tr
without just and sufficient cause (System File C-D-1900/MG-4224).
(2) The claimant's record shall be cleared of the charge leveled
against him."
OPINION OF BOARD: On July 11, 1983, the Claimant was directed to attend an
investigation. The notice read in pertinent part as
follows:
"Arrange to attend investigation in the Conference Room, Passenger Station, Huntington,
West Virginia at 9:00 a.m., Friday, July 22,
1983.
You are charged with failure to comply with
instructions from Supervisor Track L. W. Briggs
on Wednesday, July 6, 1983, 2:30 p.m. at west
end of manifest yard.
Arrange for representative and/or witnesses if
desired."
It was developed at the investigation that the Claimant failed to comply with
instructions of a supervisor to attend a safety meeting on July 7, 1983. The
evidence included an admission by the Claimant that he received the instructions and failed to compl
Accordingly, the only issue before the Board is whether a 10-day
deferred suspension is appropriate discipline based on these facts. In this
regard, the Board cannot find it is excessive or in any other way unreasonable.
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;
Award Number 26410 Page 2
Docket Number MW-26079
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.
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 13th day of July 1987.