NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-26561
Elliott H. Goldstein, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Consolidated Rail Cor
poration (Conrail):
On behalf of L. E. Thompson for all time lost account of being
removed from service in violation of Rule 6-A-1 of the current Agreement.
Carrier file SD-2175."
OPINION OF BOARD: Claimant a Signalman/Maintainer, was removed from service
on September 10, 1984, pending an investigation in con
nection with a derailment which occurred on September 8, 1984. Following a
formal Hearing on October 3, 1984, Claimant was dismissed from service.
The instant Claim is based upon the Organization's contention that
the Carrier's handling of this matter was procedurally defective in that this
was not a proper case for suspension pending a hearing. At issue is the application of Rule 6-A-1 of
"6-A-1. (a) Except as provided in Rules 1-A-1
and 6-A-4, an employe shall not be reprimanded,
suspended nor dismissed from service without a
fair and impartial trial nor will an unfavorable
notation be placed in their personal service
record without written notice to the employe,
with copy to the Local Chairman.
(b) An employe shall not be held out
of service pending trial and decision unless he
is suspected of committing a major offense and
his retention in service could be detrimental to
himself, another person or the Company."
It is the Organization's position that, pursuant to the foregoing
Rule, Carrier must meet two conditions before an employe can be removed from
service pending investigation: (1) the employe must be suspected of having
committed a major offense; _and (2) it must be shown that his retention in
service could be detrimental. Though the Organization acknowledges that
Carrier could reasonably have suspected that Claimant allegedly committed a
major offense, there was no evidence presented that his retention in service
would have been harmful to himself, another person, or the Carrier. Lacking
this evidence, Carrier failed to establish that both required conditions of
Rule 6-A-1 (b) had been met, the Organization asserts.
Award Number 26439 Page 2
Docket Number SG-26561
Carrier contends that its managerial prerogative in determining what
constitutes a major offense, and its right to withhold employes suspected of
committing such offenses, has long been held by the Board. In this case, the
Claimant was properly withheld from service and no violation of Rule 6-A-1 has
occurred, Carrier stresses, and the Organization's unsupported allegations to
the contrary do not constitute a basis for sustaining this Claim.
This Board has reviewed all the evidence and supporting documents in
this case, and it finds that the Carrier had substantial reason to withhold
the Claimant from service pending a hearing. Rule 6-A-1(b) specifically
allows the Carrier to withhold an employe from service when a major offense
has been committed. We do not find it unreasonable that Carrier determined
that Claimant's alleged involvement in the September 8, 1984, derailment constituted a major offense
obvious detriment and threat to the safety and well-being of not only the
Claimant, but other employes and the public as well. We will not substitute
our judgment for the Carrier's when the record indicates that it reasonably
exercised its managerial discretion in removing Claimant from service under
Rule 6-A-1.
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:
Nancy J./iffer - Executive Secretary
Dated at Chicago, Illinois, this 24th day of August 1987.