Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26865
THIRD DIVISION Docket No. MW-27497
88-3-87-3-209
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Oklahoma, Kansas 6 Texas Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The ten (10) days of suspension and the fifteen (15) days of
deferred suspension imposed upon Machine Operator D. D. George for alleged
violation of Rules I, K, 304, 309, 311, 367, A and 607 was without just and
sufficient cause and unwarranted (System File OKT-D-1223).
(2) The claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Claimant has been employed for a period of eleven years.
Under date of April 10, 1986, the Carrier filed charges against the
Claimant, which read, in pertinent part, as follows:
"Please arrange to report to the Assistant
Division Engineer's Office, OKT Railroad Company
127 E. Chickasha Avenue, Chickasha, Oklahoma,
Monday, April 14, 1986, at 11:00 a.m., for a
formal hearing to be held to develop the facts
and determine your responsibility, if any, when
at approximately 3:30 p.m. on March 14, 1986,
near MP 571, two miles south of Bridgeport,
Texas, while operating Torsion Beam Tamper RM
1120 you allegedly ran into Ballast Regulator
RM 1115 which was unoccupied and was standing on
the track causing extensive damage to the rear
end of RM 1120."
Form 1 Award No. 26865
Page 2 Docket No. MW-27497
88-3-87-3-2
At the investigation of the charges, held on April 14, 1986, the
Claimant was present and represented by the Organization. The investigation
was conducted in a fair and impartial manner.
Following the investigation, the Carrier found Claimant culpable of
the charges. Based upon those findings, the Carrier assessed a ten (10) day
actual suspension and fifteen (15) day deferred suspension.
Upon due consideration of all the evidence in the record, we find the
evidence sufficient to support the Carrier's charge; however, we find the
discipline assessed to be excessive. The suspension shall be reduced to a ten
(10) day actual suspension.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
r
Nancy J.,H,~lE - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.