Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26898
THIRD DIVISION Docket No. MW-27771
88-3-87-3-253
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The discipline assessed Extra Gang Laborer D. V. Millsaps (fortyfive demerits) was without j
and in violation of the Agreement (System File D-60/013-210-M).
(2) The claimant's record shall be cleared of the demerits referred
to in Part (1) hereof and in all other respects."
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.
On October 10, 1985, the Carrier filed charges against the Claimant,
which read as follows:
"Report to the office of Division Engineer,
Room 200, Freight Office Building, 5500 Ferguson
Drive, Los Angeles, California, at 8:00 a.m.,
Tuesday, October 22, 1985, for formal investigation and hearing to develop facts and determine your
you failed to promptly report on-duty personal
injury to proper authority on prescribed form
which allegedly occurred at approximately 11:00
a.m., August 31, 1985, while employed as Extra
Gang Laborer on Extra Gang 5902, and concerning
charges that you have displayed unwillingness or
inability to exercise care to prevent injury to
yourself after having experienced eight (8) personal injuries between August 12, 1981 and 1985,
Form 1 Award No. 26898
Page 2 Docket No. MW-27771
88-3-87-3-253
indicating violation of General Notice, General
Rules A, B, D, E and I, and Rules 607(1), 607(2)
and 621, and Safety Instructions 4000, 4001, and
4004 of Form 7908, 'Safety, Radio and General
Rules for All Employes,' 4/85.
The investigation and hearing will be held
in conformity with Rule 48 of the agreement
between the Union Pacific Railroad Company and
the Brotherhood of Maintenance of Way Employes
effective January 1, 1973, revised October 1,
1978, and amended April 1, 1981, and you are
entitled to representation as provided for in
that rule.
You may produce such witnesses in your
defense as you may desire at your own expense."
At the investigation of the charges, held on November 5, 1985, 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 imposed the discipline of
45 demerits.
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 45 demerits shall be reduced to 15
demerits.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
4"-
Nancy J. s0fr - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.