NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 26497

THIRD DIVISION Docket Number MW-26448

Herbert L. Marx, Jr., Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(National Railroad Passenger Corportion

(Amtrak) - Northeast Corridor

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when David Dube, Dennis Dube, Carol Brown, Vanessa Thomas and Joel Vernon were suspended from service for four and one-half (4 1/2) hours on November 15, 1983 without just and sufficient cause and without benefit of a trial as required by Rule 68 (System File NEC-BMWESD-790).

(2) The claimants shall each be allowed four and one-half (4 1/2) hours of pay at their respective straight time rates."

OPINION OF BOARD: Claimants were members of a Track Gang, with assigned hours
of 10:00 P.M. to 6:00 A.M. On November 15, 1983, under
direction of an Acting Foreman, the Gang was transported by van to a work
train, in rainy weather conditions. Upon arrival at the work train, conver
sations ensued between the Acting Foreman and the Claimants. As a result,
Claimants were returned to their starting point, with pay stopped at 1:30 A.M.
Claimants seek pay for the remainder of the eight-hour shift.

The Organization contends that the Acting Foreman arbitrarily disciplined the Claimants by suspending them for the remainder of the shift and did so without meeting the requirement of Rule 68; that is, without providing a Trial prior to such discipline. The Carrier contends there was no discipline involved and that it simply was a case of not paying employees for work not performed.

Under the circumstances advanced in this dispute, it is the opinion of this Board that Carrier overreacted to the alleged inaction of the Claimants. It is, therefore, t

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;

Award Number 26497 Page 2

Docket Number MW-26448

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; .and

That the Agreement was violated.

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

Nancy J e4 6-11

r - Executive Secretary

Dated at Chicago, Illinois, this 9th day of September 1987.